Deal signs new Immigration Bill into law.
On May 13, 2011, Governor Deal signed into law the “Illegal Immigration Reform and Enforcement Act of 2011” (“IIREA”), which requires private employers with 10 or more employees to use E-Verify. With the enactment of this historic immigration reform bill come many changes to Georgia’s immigration laws with which employers are now forced to acquaint themselves. Accordingly, the employment law attorneys at Whelchel, Dunlap, Jarrard & Walker, LLP, are alerting our business clients to the five most significant provisions within the IIREA.
The IIREA is Applicable to Employers with 10 or more Employees
Under the IIREA, “Every private employer with more than ten employees shall register with and utilize the federal work authorization program…” Importantly, the effective dates of this provision vary depending upon the number of employees at the respective company. Large companies with 500 or more employees must comply with this provision by January 1, 2012. Midsize companies with 100 to 499 employees must come into compliance with this provision by July 1, 2012. Small companies with more than 10 but less than 100 employees must abide by this provision starting July 1, 2013.
Compliance with the IIREA is Necessary to Obtain or Renew a Business License
According to the IIREA, “Before any county or municipal corporation issues or renews a business license…or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply.” Notably, the effective dates for this provision are once again based upon the size of the respective company and mirror the effective dates in the preceding paragraph.
The Attorney General will Provide Businesses with a Standard Affidavit Demonstrating Compliance with the IIREA:
By January 1, 2012, the Attorney General will post a standardized form affidavit on the Department of Law’s website “which may be used as acceptable evidence demonstrating use of the federal employment eligibility verification system…”
There are Criminal Penalties for Violating the IIREA
The IIREA provides for harsh criminal penalties against those who knowingly submit a false or misleading affidavit. However, an individual who “acted in good faith and made a reasonable attempt to comply with the requirements of” the IIREA will not be subject to the criminal penalties provided under the IIREA.
“Good Faith” Violators have 30 Days to comply with the IIREA:
An employer who is found to have committed a good faith violation of the IIREA has 30 days to demonstrate to the Attorney General that it has come into compliance with the IIREA.
The employment law attorneys at Whelchel, Dunlap, Jarrard & Walker, LLP, pride themselves on staying up-to-date on the latest changes in employment law. If you have any questions regarding how the IIREA will affect your individual company, or if you have any questions regarding other employment-related matters, the attorneys to contact at this firm are Madeline S. Wirt or Emily C. Bagwell.
For more information, please click below:
http://www.legis.ga.gov/legislation/en-US/display.aspx?BillType=HB&Legislation=87
This bulletin provides a general summary of recent legal developments. It is not intended to be and should not be relied upon as legal advice.
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