E-Verify For Nonresidential Construction Employers
Effective March 19, 2026, Ohio's E-Verify Workforce Integrity Act (Act) requires nonresidential construction contractors, subcontractors, and labor brokers to verify the identity and employment eligibility of each employee hired to perform work on a nonresidential construction project through E-Verify.
The mandate applies to contractors of any size, including subcontractors and labor brokers, engaged in the construction or renovation of buildings, highways, bridges, utilities, or related infrastructure. The law expressly excludes industrialized units, manufactured homes, residential buildings, mobile homes, and certain agricultural structures.
Covered employers must create an E‑Verify case for all newly hired employees, with a narrow exception where a case was previously created and no additional verification or reverification is required by federal law. Employers must retain employment eligibility verification records for three years from the date of hire or one year from termination, whichever is later, and must terminate individuals after a final non-confirmation to avoid penalties. State contracting agencies will incorporate compliance provisions into applicable agreements, placing additional pressure on prime contractors and their subcontracting chains.
Employers can use FrankCrum’s employer agent services for E-Verify. Reach out to BAE-Verify@FrankCrum.com to learn more.
Marijuana Laws
Effective March 20, 2026, Ohio will extensively revise its marijuana laws. The changes include:
- A prohibition of individuals knowingly smoking, combusting, or vaporizing marijuana in certain locations, including a public place or a place of employment;
- A prohibition of entities operating public places from knowingly permitting the consumption of adult-use marijuana or homegrown marijuana in the public place; and
- A clarification that if an employer discharges an employee from employment due to marijuana use in violation of company policy, the employee is ineligible to serve a waiting period or to be paid benefits for the duration of their unemployment.
You can learn more here. Of note, earlier this month, State Attorney General Dave Yost certified a citizen-proposed referendum that aims to repeal sections 1, 2, and 3 of Senate Bill 56. Stay tuned.