Missouri employers would face rules on unauthorized-worker employment

Business entities would be barred from knowingly hiring or continuing to employ an unauthorized worker in Missouri. The rule covers business entities and work performed within Missouri. Public employers would have to enroll in and actively participate in a federal work authorization program. Private employers may enroll and verify employees hired after enrollment, while keeping the federal verification report. Businesses receiving a state contract or grant worth more than $5,000, or certain state tax benefits or loans, would have to provide sworn statements and documents about federal program participation and lawful employment for the contracted work. During or immediately after listed natural or manmade emergencies, the federal-program enrollment and participation requirement for covered contractors would be suspended for 15 working days. The optional verification duty applies to employees whose employment begins after the employer enrolls in the federal program; the emergency suspension applies during or immediately after a listed emergency.

The attorney general would investigate and enforce alleged violations, and courts could order license suspensions, injunctions, and monetary penalties. These powers apply to employers and business entities covered by the state’s unauthorized-employment provisions, including those with state contracts, grants, tax benefits, or loans. The state would have to prove by a preponderance of the evidence that the employer knowingly employed an unauthorized worker. An employer participating in the federal work authorization program would have an affirmative defense. The attorney general may seek damages equal to up to ten times the wages paid during the alleged unlawful employment. For a first violation involving state support, the state may end the contract and suspend or bar the business from state business for three years, withholding up to 25 percent of the amount due. A second or later violation may lead to permanent state debarment and the same withholding authority. A court may order relief after an enforcement action or judgment; state-contract consequences apply upon a first, second, or later violation as specified.

Employers facing a complaint would have to provide requested information, correct confirmed violations, and submit sworn proof of compliance to end restrictions. The process covers complaints against employers and business entities, their workers connected to the complaint, and any business permits, licenses, or exemptions subject to suspension. Complaints would need a sworn affidavit and enough facts to identify the alleged violation; complaints based only or mainly on race, ethnicity, or national origin would be invalid. The attorney general would seek federal verification rather than make an independent immigration-status decision. Correction would require ending the worker’s employment or requesting additional federal verification, plus a sworn statement and acceptable proof of federal-program participation. A court could dismiss a frivolous complaint or one lacking probable cause, and the person who filed a frivolous complaint could owe damages. After receiving a valid complaint, the attorney general would request identity information within 15 business days; a business that fails to respond could face permit, license, or exemption suspension. A knowing violation could lead to a 14-day suspension, a one-year suspension for a second violation, and permanent suspension for a later violation.