Employers would verify workers through the federal E-Verify program

Covered employers would verify each newly hired employee through the federal E-Verify program and keep the verification record. The requirement applies to employers above the bill's employee-count threshold and to employees they hire. The printed passage shows both “more than fifty” and “twenty-five” employees, so the exact threshold cannot be confirmed. An employer would not be liable for a missed deadline while E-Verify is temporarily unavailable. Verification would be due no later than the stated deadline after the employee's first day of work; the passage shows both ten and twenty days, and records would be kept throughout employment.

The attorney general may investigate alleged violations and could seek a $2,000 civil penalty for each unauthorized or unverified employee. The provisions concern employers and employees covered by the E-Verify requirement. One provision requires a meritorious complaint and written federal confirmation that the employer knowingly employed an unauthorized person. Another provision says the attorney general must file a civil case upon reasonable cause to find a violation. An employer using E-Verify in good faith and keeping the record would not be liable for an employee's work authorization. An employer generally would not be liable for a staffing agency, subcontractor, or labor contractor's actions unless it knowingly participated in the violation. The attorney general's investigation may begin after a complaint or information from another source; the printed provisions do not state a separate start date.

An individual would be prohibited from knowingly giving false information or documents to evade an E-Verify eligibility decision. The rule applies to any individual who knowingly submits false information or documents to an employer for that purpose. A violation would be a Class 1 misdemeanor.