MISSISSIPPI SENATE PASSES

THE MISSISSIPPI EMPLOYMENT PROTECTION ACT

By: Susan Fahey Desmond

      On February 26, 2008, the Mississippi Senate passed the Mississippi Employment Protection Act. If signed into law, the Act will require that Mississippi employers only hire citizens of the United States or legal aliens. The Act further would require employers to register with and utilize the status verification system to verify employment authorization of all newly hired employees.

      The date by which an employer is required to meet verification requirements varies by the size of the employer as follows:

                 · Employers with more than 250 employees - July 1, 2008

                 · Employers with at least 100 employees but less than 250

                              employees - July 1, 2009;

                 · Employers with at least 30 employees but less

                              than 100 employees - July 1, 2010;

                · All other employers - July 1, 2011.

     The verification requirements apply to both employees who are issued a W-2 and independent contractors who are issued a Form 1099.

     The bill provides that an employer violating the Act would be subject to cancellation of any state or public contract for up to 3 years or the loss of the right to do business in Mississippi for up to one year. The bill further makes it a felony for an employer to knowingly or acting in reckless disregard that a person is not authorized to work in the United States. A conviction carries a penalty of imprisonment of not less than one year nor more than five years, a fine of not less than $1000 or more than $10,000 or both.

       The bill is now in the House for consideration.  Governor Barbour has not yet commented on whether he will sign the bill should it pass.