New York has no statewide E-Verify mandate; employers rely on the federal Form I-9 process while New York Labor Law and Human Rights Law restrict status discrimination and protect undocumented workers.
Unlike several other states, New York has not enacted a statute requiring private or public employers to use the federal E-Verify electronic employment verification system. Federal contractors operating in New York may be required to use E-Verify under federal acquisition rules, but state law neither mandates nor prohibits its use by other employers. Labor Law § 215 and Executive Law § 296 protect workers from retaliation and from national origin or citizenship discrimination, and the New York State Department of Labor has issued guidance that wage, hour, and safety protections apply regardless of immigration status. Employers who use E-Verify voluntarily must still comply with anti-discrimination rules and may not selectively run new hires through the system based on perceived national origin.
Discriminating against employees based on citizenship or national origin can result in civil penalties, back pay, and damages under the Human Rights Law; retaliating against workers who report wage theft is unlawful under Labor Law § 215 with civil and criminal exposure.
See how New York's e-verify mandates rules stack up against other locations.
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