Page 194 - An Indispensible Resource for Being a Credible Activist

authorization program. Alternatively, the contractors and subcontractors may utilize another
route to verify employees—for example, by executing an affidavit that the person is a U.S.
citizen or an authorized alien. Individuals who possess a valid State driver’s license or an
identification card issued by the State Department of Motor Vehicles, or who are eligible to
obtain either one, may be employed. If the individual has a valid driver’s license or identi-
fication card from another State, the licensing requirements must be deemed to be as strict
as South Carolina’s. The Web site of the State Department of Motor Vehicles shall publish a
list of States whose licensing requirements are at least as strict as those of South Carolina.
The employer is compliant with the act if appropriate documentation is supplied in good
faith and the contractor certifies that the employer is compliant, in which case neither of
them may be sanctioned or subject to any civil or administrative action for employing an
individual not authorized for employment in the United States. A person who knowingly
makes or files any false, fictitious, or fraudulent document is guilty of a felony and, upon
conviction, must be fined within the discretion of the court, imprisoned for not more than
five years, or both. A Memorandum of Understanding between the State Law Enforcement
Division and the U.S. Department of Justice or Department of Homeland Security will be
instituted covering the enforcement, detention, and deportation of unlawful aliens and the
training of State and local law enforcement officials.

SOUTH DAKOTA

Minimum wage. Because of requirements included in previously enacted legislation, the
State minimum wage was increased to $6.55 per hour on July 24, 2008.

TENNESSEE

Child labor. An exception to the restrictions on the employment of minors between the ages
of 14 and 16 years has been established. The general employment restrictions on minors
would not apply to a minor 14 years or older who is a student enrolled in a course of study
and training in a cooperative’s career and technical training program, including a work expe-
rience and career exploration program, that is approved by the State Department of
Education and that complies with Federal law. The student learner must be employed under
a written agreement, a copy of which must be retained in the employer’s personnel records.
Drug and alcohol testing. The State Code Annotated was amended to include consid-
erations concerning drug testing performed on childcare employees. All persons or entities
operating a childcare agency shall now establish drug-testing policies for employees, direc-
tors, licensees, and operators providing services under contract or for remuneration and who
have direct contact with a child in the care of the agency. The policy shall specify how test-
ing should be completed and shall provide for immediate and effective enforcement action
in the event of a positive drug test. The policy shall be made available to all persons upon
their initial employment, and its provisions must be satisfied prior to the employee’s engag-
ing in any transportation services. Drug testing is determinative if there is suspicion of drug
usage by agency personnel and if there are events that may give rise to reasonable suspicion

CHAPTER 11 • Different Laws in Different States 177