SB 1638 Summary

• Beginning January 1, 2013, all private employers must use the E-Verify system to verify employment eligibility of new hires, with businesses losing their operating license until they register with the system.

• Employers are prohibited from knowingly employing unauthorized aliens; violations result in ordered termination of unauthorized workers and license suspension, with second violations within 2 years resulting in at least 30-day license suspensions.

• Any person with knowledge of unauthorized alien employment may file a complaint with the Department of Business and Professional Regulation or Department of Economic Opportunity; knowingly filing false complaints constitutes a second-degree misdemeanor.

• Employers properly using E-Verify in good faith receive civil liability immunity and are presumed not to knowingly employ unauthorized aliens; employees wrongfully discharged may sue for reinstatement, back pay, and attorney fees.

• Public employers and Department of Transportation contractors must register with E-Verify and ensure subcontractors comply; violations result in immediate contract termination and 1-year ineligibility for public contracts.