Thread: Pima County calls off 4 hiring-sanctions cases

Published: 05.19.2008
Pima County calls off 4 hiring-sanctions cases
SHERYL KORNMAN skornman@tucsoncitizen.com

Pima County is no longer investigating four allegations of violations of the state's employer sanctions law, said Deputy County Attorney Dan Jurkowitz on Monday.
Jurkowitz said a law signed by Gov. Janet Napolitano on May 2, 2008, clarifies that the law that took effect in January is limited to alleged violations after Dec. 31.
The four complaints under investigation in Jurkowitz's office were regarding hirings before Jan. 1.
The Pima County Attorney's Office has no new complaints under investigation, he said.
Additional changes to the law require all counties to use the same complaint form, one provided by the Arizona Attorney General, Jurkowitz said.
Previously, each county wrote its own complaint form, he said.
An additional change to the law gives employers further protection from sanctions, which can include suspension or revocation of a business license.
If employers voluntarily sign up with the Attorney General's Office, agree to use the federal government's E-Verify system to check the eligibility of all new employees, "run the Social Security numbers of all current employees" and provide documentation to the state on request, "they won't be prosecuted," Jurkowitz said, if a worker turns up to be employed in violation of the law.
The attorney general is posting the names of all the businesses who do this on his Web site.
A further change in the law also now in effect "breaks out" a "knowing" violation of the law from an "intentional" violation of the law, Jurkowitz said.
This change means that employers "are not responsible for the actions of an independent contractor unless the employer knew the contractor was hiring individuals not authorized to work."
Legal workers must have valid Social Security numbers, which are granted only to individuals legally permitted to work in the United States.
Jurkowitz is preparing Pima County's part in a challenge of the state law that will be heard June 12 in the 9th Circuit Court of Appeals in California.
Pima County has joined in the lawsuit with other Arizona counties and Attorney General Terry Goddard to defend the constitutionality of the law, Jurkowitz said.
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