Legislation and Compliance update - Louisiana Enacts E-Verify Legislation

By Michael Klazema on 7/12/2011

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

For more details on how this legislative update may affect your background check pre employment screening program, please contact your customer service.

Tag Cloud
Recent Posts

Latest News

  • March 20 Employers who use E-Verify must follow the proper steps and procedures when they receive a “tentative non-confirmation notice” from either the Social Security Administration or Department of Homeland Security. Failure to follow the proper procedures can cost employers both time and money. 
  • March 20

    Four Department of Commerce employees are out after their background checks resulted in security clearance denials. All four had worked high-ranking positions for months despite incomplete background checks.

  • March 15 As more states legalize the recreational use of cannabis, they contend with the emergence of new industries surrounding marijuana cultivation and production. 
  • March 14 In most cases, it is easy to determine where an issue might show up on a pre-employment background check. Citations for traffic violations or reckless driving charges will appear on a motor vehicle record check. Verdicts in a civil court case will show on a civil court background check. And criminal convictions—from petty theft to violent felonies—show up on criminal background checks.
  • March 13 How many years back do employment background checks go? This question can have multiple different answers depending on the situation.
  • March 13 A new bill in Florida would require landlords of apartment complexes to present tenants with verifications of employee background checks to give them peace of mind the people working in and around their homes are trustworthy.
  • March 08 Police officers working with the University of Texas at Arlington recently arrested a man who had avoided police capture on a warrant out of Oregon for nearly two decades. The man, whose real name is Daniel Charles Ray Hanson, spent those 17 years using a variety of fake names and identification documents to move around the country, often engaging with educational institutions under false pretenses. Police say Hanson regularly went by at least three different aliases. He sports a rap sheet that stretches back to an arson conviction in 1995. 
  • March 07

    The Future of EEOC Guidance in Texas Is Up in the Air

    The EEOC issued guidance in 2012 warning employers about the dangers of enforcing categorical policies to bar candidates with criminal histories. That guidance is not enforceable in Texas thanks to a recent court ruling.

  • March 05 Vermont is the latest state to restrict employers’ access to and use of social media accounts of employees and applicants. 
  • March 01 In an age of "industry disruptors" turning established business models on their heads, companies such as Uber and Lyft rely on a unique workforce of individuals outside the traditional employer-employee context. Uber calls them "partners" while other businesses refer to them as "independent contractors," the official classification these individuals use for tax purposes. Recently, the National Labor Relations Board (NLRB) revealed they had warned a business, Postmates, for misclassifying their staff as independent contractors. In the NLRB's determination, these individuals were employees.