Total Articles: 24
South Carolina Immigration Law Changes Take Effect January 1st
On June 27, 2011, South Carolina Governor Nikki Haley signed into law S.B. 20, a comprehensive immigration law with new employment verification requirements and harsh criminal penalties. The law expands on the SC Illegal Immigration Reform Act passed in 2008 and considered at the time as one of the toughest in the nation. This article will focus on employment verification changes in the new law as well as various criminal provisions that could impact employers and/or their employees.
Amendments to the South Carolina Illegal Immigration and Reform Act
As the end of 2011 draws closer, employers are reminded of several key changes to the South Carolina Illegal Immigration and Reform Act (SCIIRA), which are scheduled to take effect on January 1, 2012. These changes include a state-wide mandate that all employers use E-Verify to confirm the employment eligibility of all newly-hired employees, as well as a significant revision to the penalty scheme for non-compliance with SCIIRA.
Despite Lawsuit, Immigration Enforcement Set to Resume in S.C.
Regardless of what happens with a recently filed lawsuit, state regulators plan to begin enforcement of employment law provisions that take effect New Year’s Day.
SOUTH CAROLINA AND NORTH CAROLINA ENACT NEW EMPLOYMENT VERIFICATION REQUIREMENTS
On May 26, 2011, the U.S. Supreme Court decided Chamber of Commerce of the United States v. Whiting, No. 09-115, which held that states could mandate employment verification and could suspend or revoke business licenses for an employer’s violation of immigration laws. Shortly thereafter, several states including South Carolina and North Carolina passed state immigration laws mandating employment verification and imposing penalties for failure to comply. This article summarizes the main provisions of each state law.
South Carolina Mandates Employers Use E-Verify
South Carolina has joined the growing number of states requiring employers to use the federal E-Verify program exclusively to confirm new workers’ employment authorization. Governor Nikki Haley signed into law amendments to the South Carolina Illegal Immigration Reform Act (“Act” or “SCIIRA”) and other state laws addressing immigration on June 27, 2011.
South Carolina Toughens State Immigration Law
On June 27, 2011, Gov. Nikki Haley signed into law amendments to South Carolina's immigration laws, including the South Carolina Illegal Immigration Reform Act. The legislation strengthens what was already considered to be one of the toughest immigration reform acts in the country. The new law, which takes effect on January 1, 2012, brings with it new requirements for employers in South Carolina.
South Carolina Shuts Down Restaurant after Immigration Audit
South Carolina has shut down a restaurant for 10 days after finding that the restaurant employed persons not authorized to work. This move by the South Carolina Department of Labor, Licensing and Regulation arises out of a plan to audit 4,000 employers in 2011 for compliance with the South Carolina Illegal Immigration Reform Act. Employers found in violation of the Act face stiff civil fines and negative publicity and may be reported to U.S. Immigration and Customs Enforcement or, as in this case, even shut down. LLR has hired 21 investigators to support its aggressive investigation strategy.
OSHA UPDATE PART II: STAGES OF A SOUTH CAROLINA OSHA INSPECTION AND
As we wrote in last months OSHA Update, it is important for employers to know
what they can expect in connection withand how they can prepare foran inspection.
This months update addresses the inspection and citation process.
OSHA UPDATE PART I: PREPARING FOR A SOUTH CAROLINA OSHA INSPECTION (pdf).
Over the past year, federal and state occupational safety and health agencies have
increased their enforcement activities, and the Protecting Americas Workers Actwhich
would significantly increase civil and criminal penalties for violations of the Occupational
Safety and Health Actis pending in Congress. These developments mean it is more
important than ever that employers understand and exercise their rights during an
occupational safety and health inspection and be familiar with the citation process. This
is the first of a two-part series providing practical suggestions on what to do before and
after an inspection.
Immigration Reform Law Set to Affect All South Carolina Employers.
The South Carolina Illegal Immigration Reform Act will take effect for all South Carolina employers on July 1, 2010. Private employers with at least 100 employees have been subject to the Act since July 1, 2009, but this summer it will also apply to smaller employers with fewer than 100 employees.
Update on LLRs Immigration Investigations and Site Visits.
Ogletree Deakins is pleased to announce that in response to certain concerns raised by the South Carolina business community, the South Carolina Department of Labor, Licensing and Regulations (LLR) has agreed to revise its enforcement procedures in connection with the private employment provisions of the South Carolina Illegal Immigration Reform Act of 2008 (SCIIRA).
Update on the South Carolina Department of Labor, Licensing and Regulations Immigration Investigations and Site Visits.
The South Carolina Department of Labor, Licensing and Regulations (LLR) investigators are continuing to visit employer sites unannounced to enforce the South Carolina Illegal Immigration Reform Act. They are not only requesting documentation to prove that the employer is not knowingly or intentionally employing unauthorized workers, but they are also asking to speak to employees to question them on the employment verification process. As pointed out in our July 10, 2009 South Carolina eAuthority, we believe that LLRs application and enforcement of the law, and its methodology for selecting employers for random audits, reach beyond the scope of its legal authority and raise several serious legal issues.
Enforcement of the South Carolina Illegal Immigration Reform Act Underway.
Two weeks after the South Carolina Illegal Immigration Reform Act (SCIIRA) took effect for private employers with 100 or more employees, the South Carolina Department of Labor Licensing and Regulation (DLLR) is already actively enforcing the law. The DLLR hired ten investigators to perform random compliance audits and to respond to written complaints throughout the state. The investigators are conducting audits using support teams of multiple DLLR agents. Despite the law's provision for a "random auditing program," the DLLR identified 13 immigration prone industries, which it is openly targeting for auditing, including the construction, manufacturing, transportation and food service industries. A complete list of these industries is included below.
Current Enforcement Tactics of New S.C. Immigration Law.
The South Carolina Illegal Immigration Reform Act took effect on July 1, 2009 for private employers with 100 or more employees. All other private employers must be in compliance by July 1, 2010.
South Carolina Employers Face July 1 Compliance Deadline.
For private employers in South Carolina with 100 or more employees, compliance with the employment verification requirements of the South Carolina Illegal Immigration Reform Act begins July 1, 2009. The Act's verification procedures apply to all employees hired on or after July 1, 2009.
DIFFICULT TIMES, TOUGH DECISIONS: DOWNSIZING AND RELATED EMPLOYMENT ISSUES (pdf).
Todays economy is challenging for employers of all sizes, in nearly all industries. The
economic downturn has caused many employers to re-evaluate their business plans and expenses.
Some have reduced payroll by freezing or cutting salaries, reducing schedules, laying off employees,
or closing all or part of a plant. Any or all of these measures can trigger significant legal challenges
and potential liabilities for the employer. The following are some laws and issues that can impact
employers in North and South Carolina when downsizing or otherwise reducing payroll or schedules.
The Latest on the South Carolina Immigration Reform Act.
Since Governor Sanford signed the South Carolina Illegal Immigration Reform Act into law on June 4th, Nexsen Pruet has been working to make sure businesses have all the information they need to make informed decisions.
Attorney Melissa Azallion addresses critical immigration issues for business.
Since Governor Sanford signed the South Carolina Illegal Immigration Reform Act into law on June 4th, Nexsen Pruet has been working to make sure businesses have all the information they need to make informed decisions.
The South Carolina Illegal Immigration Reform Act (pdf).
The South Carolina Illegal Immigration Reform Act, signed into law by Gov. Sanford on June
4, 2008, changes the legal landscape for employers doing business in the State by imposing new
employment verification requirements and establishing penalties for noncompliance. The new
law also creates a new cause of action for wrongful termination if a business knowingly and/or
intentionally terminates and replaces a legal worker with a worker not authorized to work in the
United States. Across the nation, similar laws passed by local and state governments are meeting
constitutional challenges with varying results. Below is a summary of the main provisions of the
new South Carolina law.
Key Immigration Legislation Becomes Law.
Today, Governor Mark Sanford signed into law the South Carolina Illegal Immigration Reform Act (H. 4400). The new law prohibits employers in South Carolina from "knowingly and intentionally" employing unauthorized aliens and establishes steps that all employers will be required to take to verify the work status of new hires. Employers that violate the provisions of the law will face tough penalties in the form of monetary fines and possible suspension, even permanent revocation, of the ability to employ workers in South Carolina.
South Carolina Enacts Law Prohibiting Employment of Unauthorized Aliens.
South Carolina has become the most recent state to join the battle against the employment of illegal immigrants. On June 4, 2008, the Governor signed the South Carolina Illegal Immigration Reform Act (H 4400). Among other things, this law prohibits employers from knowingly and intentionally employing unauthorized aliens. The law provides that employers who comply in good faith with its employment verification requirements will not be deemed to have knowingly and intentionally employed unauthorized aliens.
Tough New Immigration Law Now in Effect in South Carolina.
Today Gov. Mark Sanford will sign into law the South Carolina Illegal Immigration Reform Act. The legislation places South Carolina among the few states that require public and private employers to take affirmative steps to verify the legal status of new employees.
Labor Alert: Union Conducts Mass Solicitation of South Carolina Registered Nurses (pdf).
The California Nurses Association (CNA) and its national arm, the National Nurses
Organizing Committee (NNOC), are a nursing and health care union that is currently engaging in a widespread membership drive soliciting Registered Nurses throughout South Carolina.
Court Rules for Employer in Emotional Distress Case (pdf).
Summary judgment standards for emotional distress claims clarified.
