HCS/HB 188 - This act modifies various provisions relating to employment practices.SANCTUARY POLICIES (SECTION 67.307)
Current law prohibits municipalities from enacting or adopting any sanctuary policy. This act provides that this provision does not apply to qualified immigration workers registered in the Missouri Department of Labor and Industrial Relations (DOLIR), as provided in this act.
FEDERAL WORK AUTHORIZATION PROGRAM (SECTIONS 285.530 AND 285.535)
Under current law, only public employers are required to enroll and actively participate in a federal work authorization program. This act requires private employers and business entities to also enroll and actively participate in a federal work authorization program. Furthermore, beginning January 1, 2024, all employers and business entities are required to verify the employment eligibility of every employee whose employment commences after the employer or business entity enrolls in a federal work authorization program.
If a private employer or business entity fails to enroll and actively participate in a federal work authorization program, DOLIR shall require the private employer or business entity to provide an affidavit to DOLIR stating, among other things, that the private employer or business entity will not employ any unauthorized alien in this state. Failure to submit the affidavit within 15 days will result in revocation of applicable licenses needed to do business in the state.
Under current law, the penalty for knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work is suspension of any applicable licenses or exemptions for 14 days. This act extends that suspension for 120 days. Additionally, the act creates additional penalties for subsequent violations which shall be deemed a class D felony.
IMMIGRANT EMPLOYMENT REGISTRATION AND TAXATION PROTECTION ACT (SECTION 285.545)
The act requires DOLIR to maintain a database or registry of qualified immigrant workers. The department shall establish any forms and procedures necessary to process and maintain such a database or registry, mechanisms by which employers shall verify registration of any qualified immigrant workers, and any other necessary information required to verify the identity and employment of qualified immigrant workers, but not more or different documents than are required by federal law for the federal government to verify employment.
It is a class D felony for a qualified immigrant worker or other individual seeking employment to fail to provide employer-requested documentation that is required to verify work authorization status with the employer, federal authorities, and the department for the purposes of this registry, within thirty days of being notified in writing that the failure to submit the requested documentation is a violation of the law and subject to punishment.
The Attorney General is charged with enforcing these provisions and is given investigatory authority over complaints filed with its office.
These provisions take effect January 1, 2024.
YOUTH EMPLOYMENT (SECTION 290.045)
A person who is 16 years of age or older but under 18 years of age, enrolled in secondary school as a full-time student, and employed for wages or other remuneration, shall not be permitted or forced or compelled to work after 10:00 p.m. on an evening before a school day when school is in session for the regular school year. These provisions may be waived by the Director of the Department of Labor and Industrial Relations, on an individualized basis, depending upon the nature of the employment. Such waiver shall be provided in writing to the employer by the Director. This provision contains exceptions.
SCOTT SVAGERA