Professional Service Agreement

Revised TN Mandatory E-Verify Law Applies to Employers with 35 or More Employees

September 28, 2022

As of January 1, 2023, Tennessee will require all private employers with at least 35 employees to use E-Verify and maintain E-Verify case results. Currently, Tennessee only requires employers with 50 or more employees to use E-verify. Critically, the Tennessee definition of “employee” includes and counts employees under the same FEIN – this means that employers that may have fewer than 35 employees in the state of Tennessee but have more than 35 employees under the same FEIN are subject to E-Verify for Tennessee employees come January 1, 2023. Except for federal contractors, federal law does not mandate the use of E-Verify, but states have passed various mandates.