HB2009 - Arkansas Legal Worker's Act Summary

• Creates new law prohibiting employers from knowingly or intentionally employing unauthorized aliens, with enforcement by the Attorney General and county prosecuting attorneys beginning January 1, 2012.

• Establishes penalties including mandatory termination of unauthorized workers, license suspension/revocation, probationary periods (3 years for knowing violations, 5 years for intentional violations), and fines of $10,000 for false complaints.

• Requires all employers to verify employment eligibility through the E-Verify program after January 1, 2012, and mandates E-Verify participation for employers receiving state economic development incentives.

• Creates a voluntary employer enhanced compliance program allowing employers to verify employees through E-Verify and Social Security Number Verification Service to protect against liability for unauthorized worker violations.

• Provides affirmative defenses including good faith compliance with federal I-9 requirements, E-Verify verification, and entrapment, while prohibiting investigations based solely on race, color, or national origin.