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New Ohio Reporting Requirements for Non-Residential Contractors

Client Alert
March 18, 2026

Effective March 19, 2026, nonresidential construction companies must verify the employment eligibility of each employee hired to perform work on a project throughout the State of Ohio. Ohio’s E-Verify Workforce Integrity Act (the “Act”) requires E-Verify participation for nonresidential construction companies, subcontractors, and labor brokers for nonresidential construction.

E-Verify is a records maintenance portal that allows confirmation of employment eligibility by comparing information entered by the employer to records available to the U.S. Department of Homeland Security and the Social Security Administration. E-Verify will not replace current reporting databases that companies already utilize; it will be an additional, required submission by the employer.

The Act mandates participation by companies that complete nonresidential projects in the State of Ohio regardless of their employee count. The Act defines a nonresidential construction project as “the construction or renovation of any building, highway, bridge, utility, or related infrastructure.” Importantly, contractors constructing industrialized units, manufactured homes, residential buildings or mobile homes will not fall within the purview of the Act.

The Ohio Attorney General is entrusted with the enforcement of the Act. Penalties for violations range between $250 and $25,000, with such monetary penalty possibly accompanied by an order rendering the contractor ineligible to bid or participate in any future state contract for a period of two (2) years.

There are competing interpretations of the Act surrounding whether a contractor must create E-Verify cases for existing employees whose work authorization is subject to reverification under federal law. Definitive guidance has not been provided as of the date of this Client Alert, but construction companies are encouraged to seek formal guidance on how to ensure compliance with Act.

For questions regarding Ohio’s E-Verify Workforce Integrity Act and how your business should prepare for these new requirements, please do not hesitate to contact BMD Member Bob Hager at rahager@bmdllc.com or Attorney Jacob Davis at jrdavis@bmdllc.com.

Construction LawEmployement LawRobert A. HagerJacob R. Davis
Client Alert

Protecting Your Image in the Age of AI-Generated “Deepfakes”

April 8, 2025The rapid evolution of artificial intelligence (AI) has transformed how we create and consume digital content, but it also poses significant risks. Among the most troubling developments in AI is the proliferation of AI-generated fraudulent content, often called “deepfakes”.Client Alert

Tariffs, Market Downturn, and Employment Considerations for Employers

April 7, 2025As tariffs continue to impact various industries, employers must prepare for the ripple effects these economic pressures can have on workforce management. The economic impact can dramatically impact companies’ bottom lines, and companies look to improve finances and save for the future and many will choose to reduce employee count/wages.Client Alert

Corporate Transparency Act Overhauled: U.S. Entities No Longer Required to Report

March 24, 2025The Department of Treasury has issued an interim final rule significantly altering the Corporate Transparency Act (CTA). As of March 21, 2025, all U.S.-created entities and their beneficial owners are exempt from reporting requirements. Only non-U.S. entities registered to do business in the U.S. must still report, but they are not required to disclose U.S. citizen owners. Business owners should stay informed on these changes and consult legal counsel for compliance guidance.Client Alert

ODM to Implement Medicaid Work Requirements: What Providers and Medicaid Expansion Recipients Need to Know

March 21, 2025The Ohio Department of Medicaid (ODM) has submitted a waiver to impose work requirements for Medicaid expansion recipients. If approved, the new eligibility criteria will take effect on January 1, 2026. A federal public comment period is open until April 7, 2025.Client Alert

Ohio Appellate Court Rules in Favor of Gender-Affirming Care

March 19, 2025On March 18, 2025, the 10th District Court of Appeals in Franklin County ruled that Ohio’s House Bill (HB) 68, which restricts puberty blockers and hormone therapy for minors seeking gender-affirming care, violates the Health Care Freedom Amendment and is therefore unenforceable. The court found that the law unlawfully interferes with parental rights and medical decision-making. The case, Moe v. Yost, has been remanded, and Ohio Attorney General Dave Yost intends to appeal.
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