South Carolina: Presently, the South Carolina Illegal Immigration Reform Act requires all employers with 100 employees or more to participate in E-Verify or only hire employees who possess or qualify for a South Carolina driver’s license (or other state license with similarly strict requirements). Effective January 1, 2010, the law expands and includes all state contractors, regardless of size. Effective July 1, 2010, the law will increase coverage to all employers.
Illinois: Effective January 1, 2010, Illinois places significant new state-level obligations on employers who use the federal E-Verify program to check the identity and work authorization of their employees. Although the statute is consistent with federal E-Verify requirements in certain areas, it goes well beyond the federal provisions in others.
Under the new law, which amends the Illinois Right to Privacy in the Workplace Act, Illinois employers are required to sign a sworn attestation either upon initial enrollment in E-Verify, or by January 31, 2010 if they are already enrolled in the program. An official E-Verify attestation form provided by the Illinois Department of Labor (“IDOL”) is available for employers to use. The attestation form affirms that the employer has received the requisite E-Verify training materials from the U.S. Department of Homeland Security (“DHS”), and that all employees with access to the company’s E-Verify account have completed mandatory online E‑Verify tutorials. It further states that the employer has posted the required legal notices regarding its enrollment in E-Verify and certain non-discrimination procedures. The employer must retain the signed original attestation and proof of its employees’ E-Verify training.
The Illinois law also details a number of prohibited actions, the knowing and willful violation of which can result in significant company fines and petty offense charges for executives and HR managers. The following actions are prohibited:
1. Failing to display the appropriate E-Verify related notices.
2. Allowing an untrained employee to use the E-Verify system.
3. Failing to take reasonable steps to prevent an employee from using another's login and password in lieu of completing his or her own E-Verify tutorial with the DHS.
4. Using E-Verify on an applicant prior to hiring, or prior to completing the Form I-9 process.
5. Terminating or otherwise taking adverse action against an employee prior to a receiving a Final Non-Confirmation (for E-Verify related reasons).
6. Failing to notify an employee in writing of a Tentative Non-Confirmation and his or her right to contest it.
7. Failing to safeguard the information contained in the E-Verify database and the means of access to it (passwords, etc.).
The statute gives injured employees a private right of action in state court after first seeking redress with the IDOL.
Georgia: On January 1, 2010, public employers (city, municipality and county), contractors and subcontractors will be required to post their federally issued E-Verify user identification number and date of authorization to use E-Verify on their website. Covered cities that do not maintain a website must annually publish the identification number and date of authorization in the legal organ for the county.
Lancaster, CA: Beginning January 1, 2010, businesses operating in the City of Lancaster, California are required to use E-Verify for all new hires and employers that hire unauthorized workers may have their business licenses revoked.
Lancaster, CA: Beginning January 1, 2010, businesses operating in the City of Lancaster, California are required to use E-Verify for all new hires and employers that hire unauthorized workers may have their business licenses revoked.
Gerald Goulder is a North Carolina immigration lawyer who practices exclusively immigration law for North Carolina clients and for clients throughout the United States, and the world. Immigration law is a federal law practice not limited attorneys in a particular state.
Gerald Goulder is a North Carolina immigration lawyer with clients throughout the United States and the world. His services assist employers develop recommended Forms I-9 compliance procedures and practices, and avoid substantial civil and criminal penalties that may be assessed for I-9 employment eligibility violations. His services include training company personnel on properly completing and retaining Forms I-9, creating company policies and procedures for all aspects of proper Form I-9 compliance, and conducting internal company I-9 audits of its Forms I-9. His I-9 and worksite enforcement blog and I-9 employment eligibility verification website provide the most authoritative and extensive information on the Internet concerning Form I-9 compliance and employer sanctions laws. Contact Gerald Goulder through his websites (www.gouldervisa.com or www.I-9employmenteligibility.com) or by phone at 1-866-US VISAS.
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1 comments:
This very interesting letter came to me, through my Email and I cannot vouch for the author as I get hundreds of these type of correspondence each day. These people are very aware on my stand on illegal immigration and enlighten me all the time on the consequences to come. The national press are full of stories about the awful predicament these illegal immigrants are now subjected to? They must have realized this when they intentionally broke the sovereign laws of this nation? They know they are stealing jobs of millions of Americans who remain unemployed. Illegal labor have appropriated by illegal means Social Security numbers of Americans, their children and the military abroad They have crammed our schools with their children, our hospital emergency waiting rooms and are overflowing the dormitories and cells in the penal system. They have also been allowed legally or illegally to tap into the welfare system, that was there to serve low income or unemployed Americans. WE MUST INSIST OF OUR POLITICIANS TO PERMANENTLY IMPLEMENT E-VERIFY TO RESTRICT ILLEGAL WORKERS AND AUDITS. THE 287 (G) POLICE APPREHENSION LAW AND INCESSANTLY ENFORCE ICE RAIDS.
The man wrote:
I have been a bookkeeper and office manager for over 30 years in various construction fields. I have seen first hand how illegal aliens have been hired by greedy bosses. Here are some of the many ways they and the employers cheat the system: 1) They always claim up to 14 dependents on the W4's, thus they are not taxed on Federal and State Withholding. 2) When sick or injured on the job they got to the closest ER - they never file a Worker's Comp claim through the employer. 3) They work below the wage scale a comparable American would expect to be paid, thus "depressing" the wages. While the men work this way, the women and children they have a home are on welfare and Medicaid. The Employers: Many may have Federal, State, ADA and City contracts, all which are FUNDED by American Tax dollars and require Certified Payrolls to insure fair wages are paid on the job, yet they use illegal aliens to do these jobs and keep all the profits. Often the same employer will have whole families of illegals working in their businesses and if they try to hire any Americans the illegals will freeze them out or get them fired. The Employers become millionaires through this practice. They do not offer any benefits. They often have unsafe working environments. They also usually cheat like hell on their corporate income filings and live high-on-the-hog by expensing all their personal trips, hotels, airfares, homebuilding projects, cars and even put their kids on the payrolls while they go to college. The list of cheating is endless and I've seen it ALL!
Consider that just--IF--a comprehensive immigration reform passes, millions more will try to cross the border line before President Obama signs the act. If the truth was known we already have somewhere between 20 to 30 million illegal immigrants including families. Think how many more people will be added to the welfare rolls. All this is just a precursor for irreversible OVERPOPULATION. Call the Capitol Switchboard at 202-224-3121 to be connected to your Senator and Congressman and use the voting power of THE PEOPLE. NUMBERSUSA AND JUDICIAL WATCH for more enlightening information about which lawmaker is a signer to AMNESTY and their immigration grades.
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