New Ohio Law Mandates E-Verify Use in Nonresidential Construction

Starting March 19, 2026, the Ohio E-Verify Workforce Integrity Act will require nonresidential construction contractors, subcontractors, and labor brokers to use E-Verify to confirm employees’ identities and legal authorizations to work if they are hired to work on a nonresidential construction project. If a covered employer receives a final nonconfirmation through E-Verify, it may not continue to employ that individual. Covered employers must also keep records showing that E-Verify was used and retain those records for three years after the date of hire or one year after the employee’s employment ends, whichever is later. The Ohio Attorney General has enforcement authority and may investigate suspected violations. Penalties may include civil fines, disqualification from bidding on or participating in state contracts for up to two years, and suspension or permanent revocation of business licenses for certain violations.

Checkr Takeaway: Ohio employers in the nonresidential construction industry should review their hiring and onboarding practices before March 2026 to ensure E-Verify is used where required and that verification records are kept for the required time period.