Effective July 1, 2010 even the smallest employers in South Carolina are covered by the state’s tough immigration law. Employers with 100 or more workers were covered beginning July 1, 2009 but compliance for smaller companies was delayed.
A free online training program for employers is available here.
Any employer who violates the law is subject to strict penalties including suspension of the business license. Repeated violations would result in the not being allowed to hire any workers in the future, essentially forcing the employer out of business.
South Carolina employers must verify the legal work status of all newly hired employees. An employer can use E-Verify to meet this requirement. E-Verify is a joint venture between the Department of Homeland Security, Social Security and Customs and Immigration, that verifies and confirms the authenticity of documents submitted at hiring. The program is free and (more…)
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.
South Carolina doesn’t have a state minimum wage. In fact, if a South Carolina employee is not eligible for the federal minimum wage, he or she can legally be paid a mere $1.00 per hour or less. Due to use of the Internet and credit cards, though, most employees in South Carolina are entitled to the federal minimum wage.
The Fair Labor Standards Act of 1938 is the relevant law for the federal minimum wage. This law applies to employers with annual revenue of $500,000 or more and to employers engaged in interstate commerce.
Interstate commerce is defined as any business that takes place across state lines. The Internet, email, answering out -of-state phone calls, shipping packages to other states all qualify as interstate commerce, so most employers in South Carolina and throughout the US (more…)
Under the new South Carolina Immigration law, employers must take a number of measures to ensure that the employees they are hiring may legally work in the U.S.
These steps include:
Verifying the legal status of employees
The state recommends that employers use E-Verify, a free federal program, to verify the employee’s identity online in a few minutes.
E-Verify is a program available through the Department of Homeland Security. It detects fraudulent documents by comparing the employee’s information, including date of birth, social security number and gender, with a nationwide database and social security records and immigration documents.
A new feature of E-Verify will also permit the system to compare the photos on immigration documents with those in the DHS records. This will make it more difficult for an employee to counterfeit immigration documents such as green cards.
According to the South Carolina Department of Labor, Licensing and Regulation, employers can also verify identity by making sure that the employee has a South Carolina driver’s license or I.D. card. A driver’s license or I.D. card from another state with requirements as strict as those in South Carolina is also acceptable. The South Carolina Department of Motor Vehicles has determined that drivers’ licenses or identification cards issued by Alaska, Arizona, (more…)
The new South Carolina Illegal Immigration Reform Act requires employers to verify the legal status of new employees.
One way to comply with this law is to use E-verify from the Department of Homeland Security. The E-verify database combines records from the Social Security Administration, immigration records and other federal agencies to eliminate identity theft. It also prevents employers from breaking the law by employing undocumented workers.
The state suggests that another way to comply with the law is to establish whether the employee has a South Carolina driver’s license or other government issued identity document. Employers are warned that in some cases, employers who refuse to hire legal immigrants, discriminate against Hispanic workers, or try to specify which forms of id they will accept from the list of acceptable documents on the I-9, may be in violation of federal law. It is not clear yet (more…)