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Nearly all State Contractors and Sub-Contractors
Affected
The Public Works Employment Verification Act, signed into law on
July 5, 2012, requires all contractors and subcontractors on
public-works projects with the State of Pennsylvania (regardless of
tier but excluding material suppliers) to use E-Verify for all
newly hired employees. The new requirement takes effect on January
1, 2013.
As a precondition of being awarded a contract, contractors and
subcontractors must provide a verification form acknowledging
compliance to the public agency that awarded the contract. The law
prohibits discrimination based on race, ethnicity, color, or
national origin, as well as retaliation against an employee who
reports a violation or assists in a government investigation.
A "public work" is defined as construction,
reconstruction, demolition, alteration, or repair work –
other than maintenance work – paid in whole or in part
from public body funds where the estimated cost of the total
project is more than $25,000. Work performed under a rehabilitation
or manpower training program is excluded from coverage under this
law.
The Pennsylvania Department of General Services is tasked with
enforcement of the new law and will have the authority to conduct
random audits and audits triggered by credible complaints.
Penalties for failure to verify an employee through E-Verify
include a written warning for the first violation, 30 days
debarment from public work contracts for a second violation, and
six to twelve months debarment for a third and subsequent
violations. If a court determines that the violation was willful,
it may order debarment for three years. Civil money penalties
between $250 to $1000 may also be assessed for failure to provide
the required verification form.
It will be important for Pennsylvania public works contractors
and subcontractors to maintain good records of compliance with the
law and ensure that they are trained in the use and legal
requirements of the E-Verify system. For more information about
E-Verify, electronic I-9/E-Verify software, or more details about
this and other state and federal immigration laws contact your
regular Fisher & Phillips attorney, or any attorney in the
Global Immigration Practice Group.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Issues After The Election
