Legislative Alert: E-Verify Executive Order

Words: Kaveh AbabyRecently, President Bush issued an Executive Order requiring all Federal contractors to use the E-verify employment verification system upon entering into a contract with the federal government.

Click here to view the Executive Order.

On June 12th, a proposed rule was published that implements the Executive Order. The rule will amend the Federal Acquisition Regulations (FAR) to require that all covered federal contracts entered into after the effective date of the final rule contain language that the contracting party enroll in and use E-Verify for all employees working on the contract and all new hires during the life of the contract.

The comment period for the proposed rule is sixty-days. After the comment period closes, the government will consider all comments received and address them in a final rule. This requirement will not be mandatory in federal contracts for some time.

The rule requires contracting officials to include the following:

  1. Enroll in the E-Verify program within 30 days of the date a contract is awarded, and within 30 days of that date use E-Verify to verify the employment authorization of all employees "assigned to the contract."
  2. Require all subcontractors performing work under the contract that exceeds $3000 to adhere to the E-Verify requirement.
  3. Use E-Verify for all new hires within three (3) days of the date of hire for all new employees hired after the contract is awarded as well as for all existing employees who later are "assigned" to the contract.
The rule will not apply to existing federal contracts, only to new solicitations and contracts awarded after the effective date of the final rule. However, there are some exceptions and waiver provisions to this rule.

We will continue to monitor its progress. I would recommend that you contact your corporate attorney and contract officers concerning this Executive Order and the Proposed Rule.

Using Respirators for Silica Exposure
July 2025

Some in the masonry industry have expressed interest in respirator use as protection from harmful exposure to silica. This topic is of paramount importance due to its impact on our workers and the serious health effects of silica exposure. For those new t

From Bikes to Buildings: The Importance of Embracing Rainscreen Wall Designs and the New Building Codes.
July 2025

Have you ever been asked to do a project over the course of your lifetime? For example, when my kids were little, my wife asked me to assemble their bicycles. So, I opened the box, dumped out the contents, and cast aside whatever I thought was unnecessary

Laying the Foundation for Growth: Concrete Masonry Checkoff Unveils Five-Year Vision for Industry
July 2025

The Concrete Masonry Checkoff (CMC) put the finishing touches on an ambitious five-year vision for the industry, targeting a 20% increase in market share, driven by increased demand for concrete masonry products. “This is about building exquisite, enduri

Five of the Seven Chimneys Have Been Saved: Project Chimney Update
July 2025

In the wake of the devastating January wildfires that swept through Los Angeles's Pacific Palisades, a remarkable preservation effort is underway, spearheaded by Project Chimney, an initiative led by Evan Hall, founding director of the non-profit House Mu