Compliance and Legislation update: Alabama governor signs bill amending controversial immigration law

By Michael Klazema on 5/24/2012

Alabama Governor Robert Bentley has signed House Bill 658, a bill that is intended to simplify and clarify Alabama’s existing immigration law.

The revised version is intended to address various aspects of the original law, including provisions disliked by the business community. In announcing the signing, Bentley contended that the law “reduces burdens on businesses while still holding them accountable to hire legal workers.” Bentley had previously indicated that he might veto the bill because it did not do enough to change the original law.

Under the law, any contractor or subcontractor that does business with the state is barred from employing undocumented workers and must use the federal E-Verify system to ensure that all workers have the legal right to work in the United States. Contractors that knowingly hire undocumented workers will be found in violation of the law and will lose the contract. In addition, a court can then subject the employer to a three-year probationary period, during which time the employer must file quarterly reports with the state’s Department of Industrial Relations for each new employee hired.

Repeat violators may face a five-year probationary period, the loss of the contract, and the suspension of their business license, in addition to being required to terminate the employment of all undocumented workers. A third violation can result in the permanent loss of the business license.

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.