H. B. 3301
(By Delegates Moye, Schoen, Klempa, Campbell,
Sumner, Caputo, D. Poling and Barker)
[Introduced January 13, 2010; referred to the
Committee on Energy, Industry and Labor, Economic Development and
Small Business then the Judiciary.]
A BILL to amend of the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §64-10-5, relating to
amending the Division of Labor rule verifying the legal
employment status of workers; and authorizing the commissioner
to issue an order terminating undocumented employees and for
each day the employment of an undocumented worker continues
constitutes a separate violation.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §64-10-5, to read as
follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-5. Verifying the legal employment status of workers.
The legislative rule contained in title forty-two, series
thirty-one, and filed in the State Register on July 27, 2007, under
the authority of section three, article one-b, chapter twenty-one
of this code, relating to the Division of Labor (verifying the
legal employment status of workers, 42 CSR 31), is reauthorized
with the following amendment:
On page three, section six, subsection 6.5, by adding a new
subsection, designated 6.5(a), by inserting the words: "Upon
expiration of the seventy-two hour period or expiration of the
limited time waiver of the seventy-two hour requirement that may be
granted by the commissioner, the commissioner may issue an order
directed at the noncompliant employer to immediately terminate the
employment relationships between the employer and every employee
that remains undocumented as provided in subsection five. Each day
or part of a day the employment of the undocumented employee
continues after service of the aforementioned order constitutes a
separate violation regarding each employee not documented. The
commissioner is further authorized to initiate any other legal
action necessary to effectuate compliance with this legislative
rule."
NOTE: The purpose of this bill is to amend the Division of
Labor rule verifying the legal employment status of workers. The
bill authorizes the commissioner to issue an order terminating
undocumented employees, and for each day the employment of an
undocumented worker continues constitutes a separate violation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.
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