Additionally, provisions requiring the use of the federal government's E-Verify system require employers to keep a record of each verification for either the duration of the worker's employment, or three years from the date of verification, whichever is later. Finally, the act makes it a Class 1 Misdemeanor for any occupant of a motor vehicle stopped on a street, roadway, or highway to hire and pick up (or attempt to hire and pick up) passengers for work at a different location, if the motor vehicle blocks or impedes the normal movement of traffic. The prohibition applies whether or not the passengers are legally authorized to work in the United States. The act is set to go into effect on July 28, 2010.
Experts indicate that the inclusion of the entrapment affirmative defense suggests state and local law enforcement agencies will begin undercover investigations of employers and pursue more creative means of determining whether employers are knowingly or intentionally hiring undocumented workers. It would be a smart move for companies to train their human resources personnel on all applicable immigration compliance procedures, including proper completion of the Form I-9 and use of E-Verify, as is required under Arizona state law and for federal contractors.
Further, Arizona employers must continue to use E-Verify, retain records of all verifications and store them with the accompanying I-9 forms. Make sure you conduct regular I-9 audits to ensure all current employees have a complete and correct I-9 on file and all former employees have a complete and correct I-9 on file for one year following the date of termination or three years from the date of hire, whichever is later.
Companies need to work with their staffing agencies to make sure that they are in compliance with the new law for all Arizona workers.