PUBLICATIONS

Legal Alert: Proposed Arizona Law Would Impose Stiff Penalties for Employing Undocumented Workers

Date   Jun 27, 2007

 On June 20, 2007, the Arizona legislature approved legislation that would provide for a stiff set of penalties to businesses that employ undocumented workers.

 

 

On June 20, 2007, the Arizona legislature approved legislation that would provide for a stiff set of penalties to businesses that employ undocumented workers. Specifically, Arizona House Bill 2779 would prohibit employers from knowingly or intentionally hiring undocumented workers.

Under the proposed statute, a business found guilty of “knowingly” hiring undocumented workers could face a suspension of its business license for up to ten days and would be placed on a three-year probationary period during which it would be required to file quarterly reports with the county attorney for each new employee hired at the location where the unauthorized worker was employed.

A business found to have “intentionally” hired undocumented workers would face a suspension of its business license for a minimum of ten days for the first violation. If found guilty of intentionally hiring undocumented workers for a second time in a five year period following the first violation, the business would immediately have its business license permanently revoked.

The legislation covers employers who transact business in the state of Arizona, to whom a business license has been issued by the state, and who employ one or more individuals to perform services within the state.

The legislation has been sent to Governor Janet Napolitano, who has not indicated whether she will sign it. However, she has until Monday, July 2, 2007 to do so.

If you have any questions regarding this legislation or any other Arizona labor or employment related issues, please contact Troy Foster, at 602-627-3504, or Sonya Parrish-Boun, at 602-627-3506.