Bill > H1286

This bill, titled "Regulating employment of unauthorized workers," proposes to amend existing laws by repealing Section 19C of Chapter 149 of the General Laws and inserting a new Section 19D. The new section defines key terms such as "Agency" (state or local government bodies that issue business licenses), "Employ" (hiring an employee after July 1, 2013), "Employee" (a person providing labor for wages, excluding independent contractors), "Employer" (a business operating in the state with a license and at least one employee), "E-verify program" (a federal system to verify employment eligibility), "Independent contractor" (a self-employed individual or entity), "Intentionally" (acting with the objective to cause a specific result), "Knowingly employ an unauthorized alien" (defined by federal law), "License" (any authorization needed to operate a business), and "Unauthorized alien" (a person not legally permitted to work in the U.S.). The bill prohibits employers from knowingly or intentionally employing unauthorized aliens, including through contracts with those who do. It establishes a complaint process handled by the Attorney General or District Attorney, requiring verification of work authorization with the federal government. Penalties for violations include termination of employment for unauthorized aliens, probationary periods for employers, and potential suspension or permanent revocation of business licenses. The bill also introduces an affirmative defense for employers who can prove good faith compliance with federal verification requirements and establishes a voluntary employer enhanced compliance program. Furthermore, it mandates that employers seeking economic development incentives must register with and participate in the E-verify program, with noncompliance leading to repayment of incentives.