SB20 mandates the use of E-Verify for all private employers. Contractors and sub-contractors holding a public contract are also required to enroll.
Employers who have failed to enroll in E-Verify may be subject to audit and, if they have failed to verify a new employee hired after July 1, 2012, the Department of LLR must place the employer on probation for a period of one year, during which time the private employer must submit quarterly reports to the agency demonstrating compliance with the law. A subsequent violation within three years of the law’s verification requirements must result in the suspension of the private employer’s licenses for at least 10 days but not more than 30 days. Employers cited
A private employer who knowingly or intentionally employs an unauthorized alien must have his licenses suspended by the Department of LLR on a first occurrence for at least 10 days but not more than 30 days. During the period of suspension, the private employer may not engage in business, open to the public, employ an employee, or otherwise operate. The private employer’s licenses are reinstated when the employer demonstrates that the unauthorized alien has been terminated, and pays a reinstatement fee equal to the cost of investigating and enforcing the matter, not to exceed $1,000. For a second occurrence, the employer’s licenses must be suspended for at least 30 days but not more than 60 days. Following a third occurrence, the private employer’s licenses are revoked.