Last month brought key updates to E-Verify in California & Ohio. Here’s what employees should look out for:
California
Effective February 1, 2026, all California employers must provide a standalone written notice to every employee by February 1 each year and to all new hires at the time of hire. This new requirement directly intersects with employer I9 compliance obligations at the state level.
The mandated notice outlines several core workplace rights, including:
• Advance notice of an I9 inspection by immigration authorities
• Protection from unfair immigration related practices, including document abuse and retaliation
• Constitutional rights during workplace interactions with law enforcement, including the right to remain silent and the right to an attorney
• Workers’ compensation rights
• Labor organizing and protected concerted activity rights
• New laws affecting workplace rights, as determined by the California Labor Commissioner
• A list of enforcement agencies responsible for upholding these rights
The notice reinforces existing California protections related to immigration status and I9 practices, including:
• Restrictions on improper document requests
• Prohibitions on using EVerify in a discriminatory or unauthorized manner
• Requirements to post notices when an I9 inspection is initiated
Employers must ensure their I9 processes, communication practices, and subcontractor protocols align with these state level protections.
The California Department of Industrial Relations has published the official notice template in English (attached) and Spanish, with additional languages forthcoming.
Ohio
Ohio has enacted a new statewide requirement mandating the use of E-Verify for employers engaged in nonresidential construction. This marks a significant expansion of state level employment eligibility verification obligations and will require operational changes for covered employers and their subcontractors.
The mandate applies to employers performing nonresidential construction, including:
• Commercial construction and renovation
• Public works and infrastructure projects
• Highways, bridges, utilities, and related civil work
• Nonresidential repair, alteration, or improvement
Excluded: residential construction, agricultural structures, manufactured homes, and mobile homes.
Covered employers must:
• Enroll in E-Verify
• Use E-Verify to confirm employment eligibility for all new hires assigned to nonresidential construction work
• Maintain documentation showing timely case creation
• Ensure subcontractor compliance through contract language and oversight
• Retain E-Verify and I9 records in accordance with federal and state requirements
Failure to comply may result in penalties, loss of eligibility for certain state contracts, or other enforcement actions.
This mandate supplements—but does not replace—federal Form I9 obligations. Employers must continue to:
• Complete Form I9 for every new hire
• Follow reverification rules
• Avoid discriminatory document practices
• Maintain audit ready I9 records
The addition of E-Verify increases the importance of timely, accurate, and consistent onboarding workflows.
To prepare for the March 2026 effective date, employers should:
• Confirm active E-Verify enrollment and account access
• Update onboarding procedures to ensure sameday case creation
• Train HR, field managers, and project administrators on E-Verify rules
• Review subcontractor agreements to include mandatory E=Verify compliance
• Conduct an internal I9 audit to identify and correct existing issues
• Align document retention and recordkeeping practices with audit expectations
We recommend beginning readiness planning now to avoid disruptions when the mandate takes effect. If you need assistance updating workflows, auditing I9s, or preparing subcontractor compliance language, we can support you with tailored guidance, reach out to JDP’s I9 and E-Verify compliance team for guidance.
Read more about this update HERE.