Kentucky Representative Stan Lee (R-Lexington – 45th District) has announced in a press release that he is pre-filing legislation for the 2012 Legislative session that if passed would require companies doing business in Kentucky to use the E-verify electronic employment eligibility verification system to check the work authorization status of their workers or otherwise risk the loss of their business licenses and permits.
The bill – pre-filed as BR 53 for the 2012 Regular Session – is similar to a law passed in Arizona in 2007 called the ‘Legal Arizona Workers Act’ which requires every employer in the state to use E-verify to confirm whether an employee is authorized to work in the United States. Under BR 53, any company employing unauthorized workers in Kentucky would have their state, county, or city issued license or permit revoked for six months for each offense, and each additional illegal worker identified would be considered a separate charge under the proposed legislature.
As reported earlier in the ESR News blog ‘US Supreme Court Ruling Upholds Mandatory E-Verify Law in Arizona,’ in a 5-to-3 decision the Supreme Court ruled that states could punish employers who violate mandatory E-Verify laws by upholding the Arizona law requiring employers to enroll in E-Verify. The ruling on the case is available at http://www.supremecourt.gov/opinions/10pdf/09-115.pdf.
The Immigration Reform and Control Act (IRCA) of 1986 makes it “unlawful for a person or other entity… to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien.” Employers that violate that prohibition may be subjected to federal civil and criminal sanctions. IRCA also requires employers to take steps to verify an employee’s eligibility for employment.
In an attempt to improve that employment eligibility verification process, Congress created E-Verify, an internet-based system employers can use to check the work authorization status of employees by comparing information on their Employment Eligibility Verification “Form I-9” against Department of Homeland Security (DHS) and Social Security Administration (SSA) databases. A current E-Verify Legislation Map for all 50 United States is available at http://www.trackercorp.com/everify-legislation-map.php.
A Designated E-Verify Employer Agent can help employers comply with E-Verify requirements. To learn more about E-Verify services from Employment Screening Resources (ESR) – a nationwide background screening firm accredited by The National Association of Professional Background Screeners (NAPBS®) – visit http://www.esrcheck.com/formi9.php. To learn more about background checks, visit ESR at http://www.ESRcheck.com or call ESR toll free at 888.999.4474.
About Employment Screening Resources (ESR):
Founded in 1997 in the San Francisco, CA area, Employment Screening Resources (ESR) literally wrote the book on background screening with “The Safe Hiring Manual” by ESR Founder and CEO Lester Rosen. ESR streamlines the screening process and reduces administrative overhead though its proprietary technology solutions. ESR is accredited by The National Association of Professional Background Screeners (NAPBS®), a distinction held by less than two percent of all screening firms. This important recognition was achieved by successfully passing a third party audit demonstrating compliance with the NAPBS Background Screening Agency Accreditation Program. By choosing an accredited screening firm like ESR, employers know they have selected an agency that meets the highest industry standards. For more information about ESR, visit http://www.ESRcheck.com or call toll free 888.999.4474.
About ESR News:
The Employment Screening Resources (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at [email protected].