Page 180 - An Indispensible Resource for Being a Credible Activist

and evaluate existing employee misclassification enforcement mechanisms in the State and
other jurisdictions and shall make recommendations for more effective enforcement mecha-
nisms. The task force also shall (1) create a system for sharing information; (2) establish a
protocol through which individual task force member agencies may refer relevant matters to
other member agencies for assessment of potential liability under other relevant authority;
(3) identify barriers to information sharing; (4) facilitate the pooling, focusing, and targeting
of investigative resources; (5) develop strategies for systematically investigating employee
misclassification; (6) establish joint investigatory strategies and enforcement teams where
applicable; and (7) provide assistance to workers who have been exploited by employee mis-
classification. In addition, the task force shall work at increasing public awareness of
employee misclassification and shall establish procedures for soliciting referrals or informa-
tion from the public, including through a phone hot line. Finally, the task force shall issue a
report to the Governor on July 1 of each year, detailing its accomplishments, identifying any
administrative or legal barriers that might impede its effective operation, and recommending
executive or legislative measures to improve enforcement of employee misclassification.
Minimum wage. Because of requirements included in previously enacted legislation,
the State minimum wage was increased to $7.40 per hour on July 1, 2008.

MINNESOTA

Immigrant protection. The State Governor ordered that measures be implemented to ensure
that all newly hired executive branch employees are legally eligible to work. As a result, the
State commissioner of administration will implement procedures to ensure that State con-
tracts in excess of $50,000 are awarded to vendors that are in compliance with Federal
employment verification laws. Those procedures will include (1) developing language for
State contracts which certifies that the vendor and any of its subcontractors are complying
with the Immigration Reform and Control Act of 1986 in relation to employees performing
work in the United States and that the vendor and its subcontractors are not knowingly
employing persons in violation of U.S. immigration laws; (2) requiring that, as of the date
on which services on behalf of the State will be performed, vendors and any of their sub-
contractors will have implemented or will be in the process of implementing the e-verify
program for all newly hired employees who will perform work on behalf of the State; and
(3) developing language for State contracts that allows the State to terminate the contract or
debar the vendor (or both) if the commissioner determines that the vendor or the subcon-
tractor within control of the vendor has knowingly employed ineligible workers in violation
of the Federal immigration laws. To the extent consistent with State law, the State commis-
sioner of employment and economic development will establish procedures for recipients of
business subsidies to certify their compliance with the Immigration Reform and Control Act
in relation to employees performing work in the United States. Illegal immigration and crim-
inal activity related to illegal immigration are serious problems for the State. Local, State,
and Federal authorities need to work on a cooperative basis to combat criminal activity. The
Immigration and Customs Enforcement (ICE) of the Federal Department of Homeland
Security has developed programs to allow State and local law enforcement officials to work

CHAPTER 11 • Different Laws in Different States 163