labor lawAdivision of labor law center

The South Carolina Department of Labor, Licensing and Regulation or SCLLR recently announced that it has hired 10 new inspectors to ensure that every employer follows the state’s tough immigration codes.

 

Employers in South Carolina need to be scrupulous in following the state’s immigration and hiring laws, including the SCIIRA or South Carolina illegal Immigration Reform Act. This law is enforced thought the Office of Immigrant Worker Compliance in Columbia.

 

The SCIIRA currently applies to employers with more than 100 workers. The statute requires employers in South Carolina to use E-Verify or a similar program to make certain that new hires and current employees are legally entitled to work in the U.S. Employers can require a South Carolina driver’s license or I.D. card or those from 26 other states, instead of using E-Verify.

 

Beginning July 1, 2010, employers with fewer than 100 workers will have to meet the same tough standards. This is in addition to having an employment license, whci allows businesses to hire employees.

 

The South Carolina laws apply to long-standing employees, as well as new hires. This is in direct contrast to many states, where employees who have been with the company for 10 or 15 years are not subject to the same requirements as newly hired workers.   

 

The new inspectors will investigate complaints and audit employers for compliance with SCIIRA. Employers who violate SCIIRA face fines between $100 and $1,000 per employee. In addition, the employer could lose the employment license if they knowingly or intentionally hired unauthorized workers.

 

However, the federal EEOC warns South Carolina employers that they cannot use this law to discriminate against certain groups, such as Hispanic applicants.

 

 

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