by Jay Ruby and Tibor Nagy Jr., Esqs.
The U.S. Supreme Court has concluded that federal immigration law does not pre-empt or invalidate an Arizona law that subjects Arizona employers to sanctions for knowingly or intentionally employing unauthorized workers and requiring them to use the federal government’s E-Verify online employment eligibility verification system.
In a 5-3 decision, the justices upheld the Legal Arizona Workers Act (LAWA) in Chamber of Commerce of the United States v. Whiting, No. 09-115, U.S. Supreme Court, 2011)
2 wins for Arizona
Arizona enacted the LAWA in 2007, allowing Arizona courts to suspend or revoke the business licenses of employers that knowingly or intentionally hire unauthorized workers.
Various business and civil rights organizations sued to overturn the law, arguing that the federal Immigration Reform and Control Act (IRCA) pre-empts it. The IRCA states that it pre-empts any state or loc...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Hiring independent contractors? Let them work for others, too
- Ruby Tuesday should say 'goodbye' to age bias in hiring
- Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires
- Minor malady could hinder performance? Always look for easy accommodations