Page 197 - An Indispensible Resource for Being a Credible Activist

with a contractor for the physical performance of services within the State unless the
contractor registers and participates in the e-verify system of the Department of Homeland
Security to verify the work eligibility status of the contractor’s new employees who are
employed within the State. Contractors shall register and participate in the e-verify system
in order to enter into a contract with a public employer. The contractor is responsible for
verifying the employment status of only new employees who work under its supervision or
direction, and not those who work for another contractor or subcontractor, except as pro-
vided under State law. Each contractor or subcontractor who works under or for another
contractor shall certify to the main contractor by affidavit that the contractor or subcontrac-
tor has verified, through the e-verify system, the employment status of each of its new
employees. It is unlawful for an employing entity in the State to discharge an employee
working in the State who is a U.S. citizen or permanent resident alien and replace the
employee with, or have the employee’s duties assumed by, an employee who (1) the
employing entity knows or reasonably should have known is an unauthorized alien hired
on or after July 1, 2009, and (2) is working in the State in a job category that requires skill,
effort, and responsibility equal to, and that is performed under working conditions similar
to, those of the job category held by the discharged employee. An employing entity that, on
the date of discharge in question, is enrolled in and using its e-verify system to verify the
employment eligibility of its employees in the State who are hired after July 1, 2009, is
exempt from liability, investigation, or lawsuit arising from an action under this law.
Independent contractors. The State legislature enacted the State Independent Database
Act, which modifies State provisions related to commerce. The act, created by the
Independent Contractor Enforcement Council within the State Department of Commerce,
allows an independent contractor database designed by the council to be accessed by one
or more specified agencies, the State attorney general, and the Department of Public Safety
and will become effective no later than July 1, 2009. It is expected that the database will (1)
reduce costs to the State resulting from misclassification of workers as independent contrac-
tors; (2) extend outreach and education efforts regarding the nature and requirements of
independent contractors’ status; (3) promote efficient and effective information sharing
among the member agencies; and (4) be coordinated with the State Uninsured Motorist
Identification Database. The database will be used by accessing agencies to identify when a
person (1) holds him- or herself out as an independent contractor or (2) engages in the per-
formance of work as an independent contractor not subject to an employer’s control. The
database shall include a process to compare the information against that found in the State
Uninsured Motorist Identification Database, at least on a monthly basis, in order to (1) iden-
tify a person who may be misclassified as an independent contractor and (2) promote com-
pliance with State and Federal laws related to withholding taxes and making payments for
Social Security, Medicare, and unemployment insurance, thereby preventing insurance fraud
and ensuring payment of overtime and minimum wages.
Minimum wage. Because of requirements included in legislation previously enacted,
the State minimum wage was increased to $6.55 per hour on July 24, 2008.
Worker privacy. Legislation was adopted that amended the Government Records Access
and Management Act to add protected status to certain information if the information is
properly classified by a governmental entity. Information containing the name, home ad-

180 The H R Toolkit