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  • 1.  e-Verify

    Posted 06-06-2016 15:06

    I need your help.  I teach in a GA school system. Our state legislature has voted for e-Verify, a program in place in about 25% of he country that is supposed to verify that all employees are of legal immigration status.  Now, our school system is interpreting a play/musical license as a contract entered into with a subcontractor who must therefore follow e-Verify guidelines.  Since the state of New York has not implemented e-Verify, the regulations don't apply to them.

    I'm not trying to start an immigration debate.

    I do need to find out if anyone else is having this issue.  From communicating with our reps at MTI, TRW, French, and such, they seem to have absolutely no idea what they are being asked to provide.  I'm drawing the conclusion that no one else in the country is going through this.

    If you have any experience with this issue, please let me know.  I'd hate to stop having to produce musicals, given that the majority of the musical licensing houses are located in New York!

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    Bob Ramseur
    Newnan High School, Troupe 7132
    Newnan GA
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  • 2.  RE: e-Verify

    Posted 06-07-2016 07:14

    I have indeed run into this before, and I'm happy to jump into the immigration debate. I worked for a Parks and Rec department (arts division) in eastern North Carolina (that shall remain nameless). I believe it was a state wide decision to implement e-verify. (E-verify requires any individual/business/company to "verify" that all of their employees have legal status.)

    Some small, local vendors agreed, but the e-verify forms have some pretty serious sounding legal ramifications if it turns out the individual/business/company does indeed have undocumented workers. A large national company is not going to sign that form because they can't guarantee that all of its subsidiaries or independent contractors follow those guidelines. So, no more business with Walmart, or chain hardware stores, or grocery stores. Even Hobby Lobby refused to sign.  

    E-verify, in my less than humble opinion, is a fake solution to a problem that doesn't exist. Kind of like North Carolina's HB2 bill. It's a knee jerk reaction that causes more issues than it solves. 

    What ended up happening was a quick and quiet back-peddling. I'm pretty sure they worked in some back doors and exceptions for important vendors. You may have to fax forms to MTI and the like, and they may or may not sign. But go talk to someone in HR. I guarantee you the theater is not the only one facing this issue. Good luck.

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    David Nields
    Theater Director
    Bradenton FL



  • 3.  RE: e-Verify

    Posted 06-08-2016 20:54

    Bob, you folks have a huge Thespian organization in Georgia.  You need to get together on this.    

    Good luck.

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    C. J. Breland
    Asheville High School
    Asheville NC



  • 4.  RE: e-Verify

    Posted 06-07-2016 07:48

    Hey Bob,

    I am not sure if this will help, but the E-Verify law should not apply to your situation. Most state laws us e-verify for contracts that include "physical performance of services."  This is usually interpreted to mean contracted services where someone will physically be in your state, city, locality, etc. working. You school board/school is contracting with MTI for a product and performance rights, not an employee. No one from MTI, SF, etc. will actually be working in Georgia. 

    I'd double check with the school board attorney, or whoever made this decision to make sure that they understand that the contract does not include any "physical performance of services" on site.

    All of our contracts have to be approved offsite by someone at the school district or county level. There have been times when I have had to explain to them what the contract is for because they are only looking at a handful of these a year, and because there is a fair amount of turnover as attorneys move to other offices, etc.

    Good Luck. I would love to know how this situation resolves itself because Virginia is an E-Verify state too.

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    J. Harvey Stone
    Teacher/Director
    Williamsburg VA



  • 5.  RE: e-Verify

    Posted 06-09-2016 09:45

    Hi Bob:

    I've lived in a state that has used e-verify for years and have never heard of it being used this way, so it might be worth looking into how the law is written regarding its use. It Arizona it's used as part of the employment process when an individual applies for a job with a company. It's not used by my district, or any other business that I am aware of, as part of the process to approve vendors that we work with. In addition, I'm not a lawyer, but I don't think one state can impose their laws on a business located in another state. It may just be that someone at your school or district doesn't understand how everify is supported to be used because it's new & you may want to get clarification before harming your relationships with your vendors. 

    Hope that helps,

    Jeana

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    Jeana Whitaker
    Theatre Director
    Mesa AZ



  • 6.  RE: e-Verify

    Posted 06-08-2016 22:01

    Wow. I hope my district doesn't notice this. Not certain what I can do to help out, but I'm sorry you have to deal with such a stupid decision - the district's decision (and possibly the legislature).

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    Ken Buswell
    Drama Teacher
    Peachtree City, GA
    http://mcintoshtheater.org/



  • 7.  RE: e-Verify

    Posted 06-09-2016 12:14

    Not to be blunt, but your district is wrong.  Utah use E-verify, it's for individuals.   You are leasing an option from a company that has contracted the rights from the playwright, you don't deal with the playwright directly.  Regardless what they're asking you to do is silly.    In Utah I had to prove that no one else could handle the rights to certain shows and give me a cheaper bid a couple of years ago, and I finally talked my district out of that.   They argued that since I was spending more than our district Limits I needed 3 bids for each one and had to go with the lowest one......It's simply a case of misunderstanding of rules.

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    Glen Carpenter
    Tooele UT