Additionally, employers are to create their own plan based on IDOL’s masterplan. If an employer violates any of these rules and a complaint is made - even without it being adjudicated or litigated - the Attorney General can get a cease and desist to halt the business. It also allows for a rebuttable presumption against employers and allows for interested parties without standing to bring claims. HB3762 doesn’t require employees to exhaust all administrative remedies but can go directly to the circuit court. Penalties include: (i) not less than $100 and not more than $5,000 for each violation found in an initial investigation by IDOL or determined by a court in civil action brought by an interested party. With respect to violations of this act, for each employee and for each day the violation continues shall consti- tute a separate and distinct violation. OPPOSED SB 2339 (Cervantes/Gonzalez) E-Verify-Right To Privacy In The Workplace Act SB2339 expands the definition of employee’s authorized representative from a collective bargaining unit rep- resentative to include an attorney or any other representative authorized by an employee’s written notifica- tion. This authorized representative is to be provided with certain documentation during the work verification/ re-verification process. In the event of notification from any federal agency or outside third-party that does not enforce immigration law, relating to a discrepancy with an individual’s tax identification number or other identifying documents, provides for the following: 1. The employer may not take any adverse action, including re-verification, based on the notifica- tion. 2. A notice to the employee and their authorized representative must be provided within 5 busi- ness days. 3. The notice shall include an explanation of the documents that do not appear to match and the pe- riod to contest the discrepancy. 4. The employee may have a representative of their choosing in any meetings, proceedings, and discussions with the employer. SB 2339/HB 3364 allows for a civil action to be brought against an employer or prospective employer by an interested party upon reasonable belief for violations of the Act pursuant to the following sequence of events: 1. The interested party submits a complaint to IDOL. 2. IDOL sends notice to the named parties and the names parties contest or attempt to cure the alleged violation. 3. The named parties contest or cure the alleged violation within 30 days of receipt of the notice, or if the named party does not respond, the Department issues a right to sue. A right to sue is issued if one or more of the following occur: • The named party has cured the violation to the satisfaction of the Director. • The Director has determined the allegation is unjustified or they do not have jurisdiction. • The Director has determined the allegation is justified or has not made a determination and has decided not to exercise jurisdiction or concluded administrative enforcement. If within 180 days after service of the notice of complaint to the parties, the Department has not (i) resolved the contest and cure period, (ii) with the mutual agreement of the parties, extended the time for the named party to cure the violation and resolve the complaint, or (iii) issued a right to sue letter, the interested party may initiate a civil action for penalties. The parties may extend the 180-day period by mutual agreement. The Department shall issue a right to sue letter after 180 days or any mutually agreed extension. Upon receipt of the right to sue letter, the interested party may bring suit in the county where the alleged viola- tions occurred. 5 | END OF SESSION REPORT
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