Key Requirements
Covered employers must enroll in E-Verify at e-verify.gov and create a case for every new hire assigned to non-residential projects within three business days of their start date, in addition to federal I-9 processes. Records of verifications must be retained for three years after hire or one year post-termination, whichever is longer, and employers cannot continue employing workers after a final nonconfirmation. Residential construction, agricultural structures, and manufactured homes are exempt.
Enforcement and Penalties
The Ohio Attorney General will investigate complaints, including anonymous ones, and pursue court enforcement. Violations carry tiered fines starting at hundreds of dollars for first offenses and escalating to $25,000 for continuing employment after nonconfirmation, plus up to two years’ disqualification from state contracts and potential business license suspension or revocation for willful hiring of unauthorized workers.
Background and Support
Sponsored by Reps. D.J. Swearingen (R-Huron) and Tex Fischer (R-Boardman), HB 246 passed unanimously in the House and advanced through Senate hearings with testimony from groups like ACT Ohio emphasizing its focus on larger-scale projects. Proponents argue it safeguards local jobs and resources while providing tools for compliance, though industry advisors urge immediate action on enrollment, training, and subcontractor vetting.
