On July 1, 2011, Governor Bobby Jindal signed HB 646 into law, creating Act 402. Act 402 revises Louisiana’s existing immigration provisions to require employers to perform some form of employment eligibility verification to check on the immigration status of their employees.
To perform employment eligibility verification, employers can either use E-Verify or they can keep the following items in their files: Copies of employees’ photo identifications and one other document that shows the workers are in the country legally (e.g. U.S. birth certificate or birth card, naturalization certificate, certificate of citizenship, alien registration receipt card, or U.S. immigration form I-94 with employment authorized stamp).
Effective August 15, 2011, employers who use the E-Verify system will not be liable if an employee was later revealed to be working illegally. The same protection is not extended to employers who opt to keep the above listed items in their files.
Employers who knowingly employ undocumented workers will face the following consequences:
- First offense - $500 fine per new hire
- Second offense - $1,000 fine per new hire
- Third offense - revocation of business licenses for 30 days to 6 months.
To read the bill, please visit http://www.legis.state.la.us/billdata/streamdocument.asp?did=760907.
For more details on how this legislative update may affect your background check pre employment screening program, please contact your backgroundchecks.com customer service.