Employers must limit when they hold workers’ identification

Employers must not require covered people to hand over their government-issued ID. It covers employees, job applicants, and anyone doing or seeking work for an employer in any capacity, including seasonal and migrant workers. Employers may request and temporarily keep an ID to verify work eligibility and make a copy, but only as long as needed and never more than 10 hours. This rule does not prohibit keeping an ID when state or federal law requires or permits it, or when a signed court warrant allows it. The rule applies to conduct on or after the act’s effective date; the text does not state that date.

Employers must give a written notice about the ID rule when checking a person’s eligibility to work and keep a record of the notice and acknowledgment. This applies when an employer checks an individual’s eligibility to work. The notice must be in English and, if the employer knows the person’s primary language is not English, in that language too. The person must acknowledge the notice. The notice is required when the employer checks the individual’s work eligibility.

A person who knowingly confiscates, possesses, or controls someone else’s listed ID without permission or legal authority commits a crime. The criminal rule covers a person who knowingly takes or controls another person’s listed ID without permission or legal authority; the return and damages options are for a person harmed by that offense. The listed documents are a driver’s license, government-issued ID card, Social Security card, or passport. A person harmed by the offense may ask a court to order the ID’s immediate return and may bring a civil case to recover damages. Taking or controlling an ID, or providing or threatening to provide one to federal immigration authorities, is also a bias-motivated crime when done to intimidate or harass someone because of a listed personal trait. This does not apply when state or federal law requires or permits providing the ID. These provisions apply to conduct on or after the act’s effective date; the text does not state that date.