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State Employment Law Articles
Report Link Update on LLR’s Immigration Investigations and Site Visits.Ogletree Deakins - September 29, 2009 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). Report Link Update on the South Carolina Department of Labor, Licensing and Regulations’ Immigration Investigations and Site Visits.Ogletree Deakins - July 27, 2009 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 LLR’s 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. Report Link Enforcement of the South Carolina Illegal Immigration Reform Act Underway.Ford & Harrison LLP - July 17, 2009 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. Report Link Current Enforcement Tactics of New S.C. Immigration Law.Ogletree Deakins - July 13, 2009 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. Report Link South Carolina Employers Face July 1 Compliance Deadline.Fisher & Phillips, LLP - June 23, 2009 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. Report Link New South Carolina Law Requires Employers to Register and Participate in Federal Work Verification Programs.Littler Mendelson, P.C. - July 25, 2008 South Carolina has become the most recent state to require employers to use a federal work verification program to verify employees' legal status. South Carolina Governor Mark Sanford recently signed into law "The South Carolina Illegal Immigration Reform Act," which requires both private and public employers to register and participate in a federal work verification program, such as E-Verify, the online employment eligibility verification program operated by the U.S. Department of Homeland Security. The new law also prohibits state employers from awarding contracts or subcontracts to employers who fail to use federal work verification programs. The new law also provides for strict penalties against employers who "knowingly or intentionally" employ any unauthorized workers. The penalties include monetary fines, suspension, and even permanent revocation of the ability to employ workers in South Carolina. (For more information on E-Verify requirements, see Littler's 2008 ASAP, Proposed Regulation Addresses Mandatory Use of E-Verify for Federal Contractors, and additional articles on state requirements on www.littler.com.) Report Link New South Carolina Illegal Immigration Reform Act Affects All Employers in State.Jackson Lewis LLP - June 10, 2008 The South Carolina Illegal Immigration Reform Act, a comprehensive reform law deemed the "strongest in the nation" by state legislators, was signed by Governor Mark Sanford on June 4, 2008. The Act, a compromise of both sides of the General Assembly of South Carolina as well as the office of the Governor, was ratified by the General Assembly on May 29, 2008, after a 94-19 House vote. Report Link Key Immigration Legislation Becomes Law.Ogletree Deakins - June 09, 2008 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. Report Link South Carolina Enacts Law Prohibiting Employment of Unauthorized Aliens.Ford & Harrison LLP - June 06, 2008 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. Report Link Tough New Immigration Law Now in Effect in South Carolina.Fisher & Phillips, LLP - June 05, 2008 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.
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December 9, 2009 Shaw Valenza |
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