Verifying legal employment status of workers to governmental agencies
Impact
The implementation of SB656 will amend existing labor laws in West Virginia. It establishes a criteria for employers, requiring them to document and verify employee eligibility actively. An employer's failure to verify or knowingly employing unauthorized workers could lead to severe penalties, including a three-year probation period where an employer must submit quarterly hires to the Attorney General. Furthermore, local governments and businesses are pressured to ensure compliance with this legislation or risk losing state contracts and facing legal actions from the state Attorney General.
Summary
Senate Bill 656 addresses the employment of unauthorized workers by requiring all employers in West Virginia to verify the legal employment status of their employees through the E-Verify system. This bill mandates that any business entity or employer must enroll in E-Verify by January 1, 2024, and verify the employment eligibility of new hires. Employers who fail to comply face significant repercussions, including penalties, termination of contracts with state entities, and suspension or revocation of their business licenses. The bill aims to deter unauthorized employment within the state and ensure compliance with federal immigration laws.
Sentiment
The sentiment around SB656 is divided among stakeholders. Proponents, largely from the Republican side, view this legislation as a crucial step towards ensuring that the workforce consists of legally authorized workers, thereby placing legal and ethical standards in hiring practices. Conversely, critics, including some business groups and immigrant rights advocates, argue that such stringent measures could lead to discrimination against workers and challenges for businesses, particularly small ones that may struggle with compliance. There is concern that it can impact local economies and community dynamics negatively.
Contention
Notable points of contention center around the implications for local control and the burden placed on businesses, particularly those employing a labor force that includes immigrant workers. Detractors voice that SB656 could lead to increased scrutiny on small businesses and could penalize them disproportionately for slight inaccuracies in paperwork or verification processes. Furthermore, the definition of 'knowingly' employing unauthorized workers raises concerns about the potential for unjust penalties for businesses that act in good faith. This juxtaposition of enforcement versus support for local economies remains central to the ongoing debate regarding the bill.
Crimes and offenses, crimes of concealing an illegal alien and human smuggling established, process for determining if a detainee is an illegal alien established
Requires verification of legal work status of employees by private employers seeking to contract with state agencies. (8/15/11) (REF NO IMPACT GF EX See Note)
Relating to the establishment and administration of an employment verification compliance program, deterring the use of unauthorized foreign workers, imposing powers and duties on executive agencies, and providing for remedies.