July 6, 2010
Laws to Impact Hiring Practices in 3 States
On July 1, 2010, three states - South Carolina, Mississippi and Utah
- had laws go into effect that will significantly impact the hiring
practices of employers.
The toughest of the laws belongs to South Carolina, which can now be
counted among states like Arizona in terms of imposing strict
requirements on employers. Public employers and public contractors in
the state are now required to use the E-Verify database to
electronically check and verify the employment eligibility of new
employees. Moreover, all private employers are now required to use
E-Verify or employ only workers who possess or qualify to obtain a South
Carolina driver’s license or identification card. Employers who fail to
comply could be subject to fines of $100 to $1000 per violation. South
Carolina has already audited over 1,500 employers under the part of the
law that has applied to employers with more than 100 employees since
July 1, 2009. Although the state has waived penalties for many
first-time violators pending remediation, it expects to increase audits
as small employers become subject to the law statewide.
Furthermore, Mississippi has now entered the third of four phases of its
implementation of the Mississippi Employment Protection Act. This law
that will eventually require all Mississippi employers to use E-Verify
for new hires went into effect for those with 250 or more employees on
July 1, 2008, and for those with 100 to 249 employees on July 1, 2009.
Employers with 30 to 99 employees must start complying now, while those
with fewer than 30 employees still have until July 1, 2011.
Finally, in Utah, either E-Verify or Social Security Number Verification
Service (SSNVS) participation is now required for all private employers
with 15 or more employees.
The GT Business Immigration and Compliance team will continue to report
on the enactment and implementation of various laws impacting employers
as more and more states and localities adopt increasingly strict
measures aimed at controlling illegal immigration.