Effective March 19, 2026, the Ohio E-Verify Workforce Integrity Act, O.R.C. 4151.01 et seq. (the “Act”) requires any nonresidential construction company operating in Ohio to utilize the federal E-Verify Program to confirm the employment eligibility of employees hired to perform work on a nonresidential construction project. Nonresidential projects include the construction or renovation of offices, retail and industrial sites, as well as infrastructure projects such as highways, bridges, utilities, and related infrastructure. The mandate does not apply to residential building projects, mobile homes, manufactured housing, or structures incidental to agricultural land use.
Employers subject to the Act must verify employment eligibility through the federal E-Verify program for each newly hired employee and for certain current employees whose work authorization is subject to federal reverification. However, this provision may conflict with federal E-Verify procedures that prohibit an employer from running an employee through the system after the initial verification has already been completed.
Employers are required to retain verification records for three years from the date of hire or one year from the date of termination, whichever is later, and must terminate any employee who receives a final non-confirmation of work authorization through E-Verify. Investigation and enforcement of the Act is the responsibility of the Ohio Attorney General, who must investigate any alleged violation when a complaint contains sufficient facts to reasonably conclude that the violation may have occurred.
If the Attorney General determines that reasonable evidence exists that a violation occurred, the Attorney General will issue a notice of violation, and the employer has ten days from receipt of the notice to request an adjudicatory hearing. Monetary penalties for failure to E-Verify new employees range from $250 for a first offense up to $1,500 for subsequent violations. Failure to terminate an employee after a final non-confirmation may result in a $5,000 fine for a first offense and up to $25,000 for repeat offenses. The Act also provides for the permanent revocation of business licenses at the relevant location if an employer is found to have knowingly employed unauthorized workers.
If you have questions of concerns about these changes or any other employment related issues, please reach out to one of Mansour Gavin’s Labor and Employment attorneys.