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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

Counselor, Social Workers, and Marriage and Family Therapist (CSWMFT) Board Rule Changes

March 29, 2024The Counselor, Social Workers, and Marriage and Family Therapist (CSWMFT) Board has proposed changes to the Ohio Administrative Code rules discussed below. The rules are scheduled for a public hearing on April 23, 2024, and public comments are due by this date. Please reach out to BMD Member Daphne Kackloudis for help preparing comments on these rules or for additional information.Client Alert

Latest Batch of Ohio Chemical Dependency Professionals Board Rules: What Providers Should Know

March 25, 2024The Ohio Chemical Dependency Professionals Board recently released several new rules and proposed amendments to existing rules over the past few months. A hearing for the new rules was held on February 16, 2024, but the Board has not yet finalized them.Client Alert

Now in Effect: DOL Final Rule on Classification of Independent Contractors

March 21, 2024Effective March 11, 2024, the U.S. Department of Labor (DOL) has adopted a new standard for the classification of employees versus independent contractors — a much anticipated update since the DOL issued its Final Rule on January 9, 2024, as previously discussed by BMD.  In brief, the Fair Labor Standards Act (FLSA) creates significant protections for workers related to minimum wage, overtime pay, and record-keeping requirements. That said, such protection only exists for employees. This can incentivize entities to classify workers as independent contractors; however, misclassification is risky and can be costly.Client Alert

Florida's Recent Ruling on Arbitration Clauses

March 15, 2024Florida’s recent ruling on arbitration clauses provides a crucial distinction in determining whether such clauses are void as against public policy and providers may have the opportunity to include arbitration clauses in their patient consent forms. On March 6, 2024, Florida’s Fourth District Court of Appeals reversed and remanded Florida’s Fifteenth Circuit Court ruling of Piero Palacios v. Sharnice Lawson. The Court of Appeals ruled that the parties’ arbitration agreement did not contradict the Legislature’s intent of Florida’s Medical Malpractice Act (the “MMA”), but rather reflects the parties’ choice to arbitrate claims entirely outside of the MMA’s framework. Therefore, the Court found that the agreement was not void as against public policy.Client Alert

Corporate Transparency Act Update 3/14/24

March 14, 2024On March 1, 2024, a federal district court in the Northern District of Alabama concluded that the Corporate Transparency Act (“CTA”) exceeded Congressional powers and enjoined the Department of the Treasury from enforcing the CTA against the plaintiffs. National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.). On March 11, 2024, the U.S. Department of Justice appealed the district court’s decision to the Eleventh Circuit Court of Appeals.
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