Bill > A2720

Introduced Session

This bill requires every employer, before hiring an employee, to verify the employment eligibility of the employee through the E-Verify program. E-Verify is an electronic verification of work authorization program jointly operated by the United States Department of Homeland Security and the Social Security Administration. The bill provides for employers who employ 100 or more employees to comply with the E-Verify requirement by December 31, 2020. Employers who employ less than 100 employees must comply with the E-Verify requirement by December 31, 2020. The bill directs the Commissioner of Labor and Workforce Development to develop a Statewide random auditing program to inspect private employers for compliance with the E-Verify requirement. The commissioner is also directed, upon receipt of a written and signed complaint against an employer, or upon an investigation initiated by the commissioner for good cause, to institute an investigation if the commissioner finds reasonable grounds exist that an employer allegedly violated the E-Verify requirement. The bill provides for the assessment of a civil penalty of not less than $100 and not more than $1000 on employers found to be in violation of the E-Verify requirement. For a first occurrence involving a violation, if, upon notification by the commissioner, the employer complies within seventy-two hours, the employer shall not be assessed a penalty. Any subsequent occurrence involving a violation by the employer results in the assessment of a civil penalty by the commissioner. However, if the employer has not committed a violation of the E-Verify requirement within the previous five years, a subsequent occurrence shall be treated as a first occurrence. The bill also prohibits the employment of unauthorized aliens. It imposes penalties on employers who knowingly or intentionally employ unauthorized aliens. For the first violation where an employer knowingly hired unauthorized aliens, a court shall order the employer to terminate such employment, to be subject to a three year probationary period during which the employer shall submit quarterly reports for each new hire, to file a sworn affidavit within three business days after the order has been issued or face the suspension of any business license held by the employer until such time a signed sworn affidavit is filed. In addition, a court may consider a number of factors surrounding the violation and order the suspension of any business license for a period not to exceed ten business days. For the first violation where an employer intentionally hired unauthorized aliens, a court shall order the employer to terminate such employment; a five year probationary period during which the employer shall submit quarterly reports for each new hire; the suspension of any business license for a minimum ten days after considering all factors surrounding the violation; and the employer to file a sworn affidavit until which all licenses shall remain suspended. For any second violation of knowingly or intentionally employing an unauthorized alien, a court shall order the permanent revocation of any and all of the employers' business licenses issued by the State or any political subdivisions of the State.

AI Summary

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Alex Sauickie (R)*, 

Introduced, Referred to Assembly Labor Committee (on 02/14/2022)

Official Document