SOUTH CAROLINA BECOMES LATEST STATE TO PASS IMMIGRATION LAW

SOUTH CAROLINA

On May 29, 2008, the South Carolina Legislature passed the South Carolina Illegal Immigration Reform Act.

What obligation does the new law impose on government employers?
Beginning January 1, 2009, all public employers are required to register and participate in E-Verify.

What obligations does the new law impose on employers engaged in contracts with state agencies?
Contractors and their sub-contractors seeking to do business with state agencies must register for E-Verify or only employ workers with a valid South Carolina Driver’s license or an out-of-state driver’s license if the license requirements are as strict as South Carolina’s.

Are there requirements applicable to all private employers?
All employers with more than 100 employees (and their contractors and subcontractors) must, by July 1, 2009, either use E-Verify or timely and properly complete Form I-9 documents on each employee (which is already required under current federal law). Employers may also be in compliance with the new law if they employ only workers possessing a valid South Carolina Drivers License or a license from a state with requirements at least as strict as South Carolina. This provision of the new law will apply to employers with less than 100 employees beginning July 1, 2010.

There is now a general requirement stating that a private employer shall not knowingly or intentionally employ a person who is not lawfully present in the US.

When does the new law take effect?
Under the provisions of the law relating to contractors with public employers, subcontractors with five hundred or more employees must comply by January 1, 2009. For those with 100 to 500 employees, they new law takes effect July 2009. For everyone else, the law takes effect on and after January 1, 2010.