Weak E-Verify Bill Amended To Only Apply To Companies With 35 Or More Employees
Image: Senator Jon Lundberg presents SB1780 to the Senate Commerce and Labor Committee On March 15th. Image Credit: capitol.tn.gov
The Tennessee Conservative [By Paula Gomes] –
An E-Verify bill that was deferred until the 22nd in the Senate Commerce and Labor Committee instead passed out of committee on the 15th with all voting in favor and now heads to Calendar Committee to be scheduled for a vote on the Senate floor.
SB1780, sponsored by Senator Jon Lundberg (R-Bristol-District 4) originally sought to lower the threshold for employers having to verify work authorization status of new hires through E-Verify from those with 50 or more employees to those with 25 or more but an amendment was added that changed the threshold to 35 employees.
A second amendment protects employers from employees filing a civil cause of action alleging wrongful or retaliatory discharge if a worker files for Worker’s Compensation and is found to be unauthorized and the employer subsequently discharges them as a result. This amendment also clarifies that an employer is not in violation of the proposed law if the E-Verify system returns false results.
Representative Bruce Griffey (R-Paris-District 75) who sponsored House Bill 1636 (HB1636), a sterner E-Verify bill that was sent to summer study, would have expanded the type of employers subject to the requirements of the Tennessee Lawful Employment Act to include public contractors and public subcontractors with at least 6 employees, not including farmers.
In addition, Griffey’s bill revised the present law with respect to penalties for violations. The penalty under his bill would have been $500 for a first violation plus $500 for each additional illegal alien employed and each employee or non-employee that is misclassified or not verified. For a second violation, the penalty went up to $1,000 plus $1,000 for each additional illegal alien, and each person misclassified or unverified and then $2,5000 for third violations.
Under Griffey’s bill, governmental entities, public contractors, and public subcontractors would have been prohibited from entering into contracts with one another unless each party used the E-Verify program.
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Of the two bills, Griffey’s bill had the most “teeth” in that it lowered the threshold for businesses to be required to use E-verify to 6 or more employees and prescribed disciplinary action and fines for businesses/individuals that are found to be in violation.
In contrast, SB1780 lowers the threshold for businesses to be required to use E-verify to 35 or more employees, just 15 less than is current law, and prescribes no disciplinary action and fines for businesses/individuals that are found to be in violation and would not ask that employers use the E-verify system to verify the work authorization status of employees unless they are hired on or after January 1st, 2023.
The House version of the bill (HB1853), sponsored by Representative Clark Boyd (R-Lebanon-District 46) has already passed the House with 79 voting Yes, 11 voting No and with 1 person not voting. All the Republicans voted Yes on the legislation.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
We need to remember all of the shenanigans at election time. I doubt I will vote for any incumbent.
Like everything else in Nashville, a good plan starts then gets watered down to nearly useless. Every employer with five or more should be required to use E-verify. Thirty five lets roofing company’s, construction sub-contractors and a hundred others to continue hiring illegals under the table. Every time the public thinks your going to do something good, you people screw it up.