Recently,
The Lowenbaum Partnership issued several E-Alerts describing
Missouri’s new prohibitions on employment of illegal aliens as
well as federal initiatives concerning use of “E-Verify” and the
new Form I-9.
This month, Missouri ’s Attorney General
issued regulations clarifying duties imposed on employers
bidding on government contracts valued at more than $5,000. As
we reported in August, 2008, employers who bid on service
contracts with the State (or any agency or any Missouri
political subdivision), or who apply for a state-administered or
subsidized tax credit, tax abatement, or state loan, must submit
an affidavit certifying that: (1) the firm uses “E-Verify” (or
an equivalent approved by Homeland Security) to verify
employability of post-January 1, 2009 new hires; and (2) it does
not knowingly employ unauthorized aliens.
The regulations clarify several key
points of the legislation. First, use of “E-Verify” is not
required for employers who only have pre-January 1, 2009
contracts. Only employers who renew or bid on new contracts
after January 1, 2009 must use, and certify use of,
“E-Verify.” Second, use of “E-Verify” is not required (or
permitted) for existing, pre-January 1, 2009 employees. Third,
employers who have contracts only for the
provision of goods and products are exempt. Of course, the bid
and proposal of political subdivisions for service contracts
should include these requirements.
The certification requirement actually
became effective January 1, 2009. These clarifying rules become
effective 30 days after publication in the Code of State
Regulations, and The Lowenbaum Partnership will issue
another E-Alert when this occurs.
If you
have questions, please do not hesitate to contact one of the
attorneys at the Lowenbaum Partnership.
This E-Alert is intended as in informal summary of certain
recent legislation, cases, rulings and other developments. This
E-Alert does not constitute legal advice or a legal opinion and
is not an adequate substitute for advice of counsel. This
E-Alert is not intended to nor does it create an attorney-client
relationship. The choice of a lawyer is an important decision
and should not be based solely upon advertisements. If this
E-Alert is deemed to be an advertisement please disregard this
solicitation if you have already engaged a lawyer in connection
with the legal matter referred to in this solicitation. You may
wish to consult your lawyer or another lawyer instead of us. The
exact nature of your legal situation will depend on many facts
not known to us at this time. You should understand that the
advice and information in this solicitation is general and that
your own situation may vary. This statement is required by rule
of the Supreme Court of Missouri.
