Employers Working

Scottsdale business lawyerWith Arizona having the second-longest border with Mexico, it is not surprising Arizona has been at the forefront of the national debate on immigration policy. Senate Bill 1070, requiring police to verify the immigration status of persons detained, also contributes to Arizona’s prominence in this area.

While Senate Bill 1070 takes much of the national attention, Arizona employers should not overlook the 2007 Legal Arizona Workers Act, a statute imposing civil sanctions on employers that hire undocumented workers. It requires employers to verify the immigration status of their workers through the E-Verify system. The legality of the 2007 Legal Arizona Workers Act is currently before the U.S. Supreme Court after the law was upheld in the 9th Circuit Court of Appeals. Although the 2007 Legal Arizona Workers Act may be struck down, Arizona employers should be aware that federal law imposes similar prohibitions on hiring undocumented workers.

According to the federal Immigration Reform Control Act enacted in 1986, civil sanctions may be imposed against employers that hire undocumented workers. Under the federal law, employers must verify the immigration status of potential workers using the I-9 system, which allows employers to rely on certain types of authorized identification. The E-Verify system is still voluntary in most states except for federal contractors.

At Hymson Goldstein & Pantiliat, we work closely with our clients in matters of labor and employment to ensure they are compliant with the law. We focus on limiting exposure and protecting interests so that our clients can run their business. Schedule a consultation with our attorneys today to discuss ways we can help you in areas of labor and employment.

Written by Attorney Eddie A. Pantiliat, eap@hgplaw.com

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