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Employment Verification Process

Don't Lose Your License - How to Comply with New State Mandated Employment Verification Process

On July 2, 2007, Gov. Napolitano signed HB 2779, the "fair and legal employment act". The provisions of the law become effective on January 1, 2008. According to a press release issued by the Governor's office, she is likely to call a special session to correct and clarify the law, including an incorrect citation to a federal law.

The law is intended to prohibit employers from knowingly or intentionally hiring undocumented workers. The penalties, for the first offense include business license suspensions and the second offense will result in a permanent revocation of the employer's business licenses.

What steps should you immediately take?

  • Continue to verify employment using the I-9 process.
  • Do not discriminate based on race.
  • Sign up for the BPP - the Business Pilot Program. The federal database operated by the HDS, USCIS and SSA departments is available to assist employers in their efforts to accurately verify the social security numbers and employment eligibility of new hires. Register at www.vis-dhs.com.

According to the website, "An employer who verifies work authorization under the EEV program has established a rebuttable presumption that it has not knowingly hired an unauthorized alien." Source: I am an Employer…How do I…Use the Employment Eligibility Verification/Basic Pilot Program? M-655 (01/07)

  • Registering with the BPP as soon as possible is advisable, as the site may become overwhelmed by a rush of applicants nearer the January 1, 2008 deadline.
  • Visit Jaburg & Wilk's web site, www.jaburgwilk.com for more information and links to pertinent government websites.
  • Attend the Jaburg & Wilk seminar explaining the new law and the possible employer sanctions. The Phoenix office will host the seminar on August 7, 2007 from 7:30 AM to 9:30 AM. Space is limited so call 602.248.1051 or register by email at info@jaburgwilk.com.

*Please note: Jaburg & Wilk attorneys are available to present seminars to your trade association or business group on this or other legal topics.