The recently signed Public Works Employment Verification Act
requires contractors and subcontractors on public works projects in
Pennsylvania to verify the employment eligibility of newly hired
workers using the Department of Homeland Security's
Effective January 1, 2013, the act requires that construction
contractors and subcontractors on taxpayer-funded public works
projects provide the public agency that awarded the contract with a
form certifying that they have verified the employment eligibility
of each new employee using the E-Verify program. The certification
form must be provided to the agency prior to beginning work on the
project. The contractors and subcontractors must also affirm their
enrollment in the E-Verify program and acknowledge their
responsibilities under the act.
"Public work" is defined in the Pennsylvania
Prevailing Wage Act of 1961 as: "Construction, reconstruction,
demolition, alteration and/or repair work other than maintenance
work, done under contract and paid for in whole or in part out of
the funds of a public body where the estimated cost of the total
project is in excess of twenty-five thousand dollars ($25,000), but
shall not include work performed under a rehabilitation or manpower
The act will be enforced by the state Department of General
Services, with violations resulting in progressive penalties.
Contractors and subcontractors will receive a warning letter for a
first violation, debarment from public work for 30 days for a
second violation, and debarment for six to 12 months for subsequent
violations. A court may order a contractor's or
subcontractor's debarment for a period of three years if
the court finds that a violation was willful.
Failure to provide the verification form required under the law
is punishable by a penalty of $250 to $1,000 for each violation. A
contractor or subcontractor that relies in good faith on the
E-Verify program to verify a worker's eligibility for
employment is immune from the sanctions provided for under the
The law also protects whistleblowers by prohibiting retaliation
or discrimination by a contractor or subcontractor against an
employee who reports a violation of the act or participates in a
government investigation of an alleged violation. Workers who
suffer retaliation or discrimination can sue for reinstatement and
Ballard Spahr attorneys regularly assist employers in complying
with federal and state regulations governing the hiring process. If
you have questions on the Public Works Employment Verification Act,
please contact Patrick J. Harvey or Rebecca L. Massimini, or the
member of the Labor and Employment Group with whom you work.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
A female employee traveling for her employer met a "friend" and at her motel room with him became "injured whilst engaging in sexual intercourse when a glass light fitting above the bed was pulled from its mount and fell on her."
The Affordable Care Act provides employees who are not offered health coverage by their employers with the option of purchasing health coverage through new health insurance marketplaces (also known as health insurance exchanges) that will operate in every state.
The Affordable Care Act’s employer shared responsibility rules will require large employers to make an offer of minimum essential coverage to at least 95% of their full-time employees or pay a non-deductible excise tax on all their full-time employees.
The Defense of Marriage Act (DOMA) defines marriage at the federal level as a legal union between one man and one woman and excuses states from any obligation to recognize same-sex marriages recognized in any other state.