SB 404 and AB712 - Penalties for Wisconsin Businesses Employing Illegal Aliens
2008-02/29 Jeffrey T. Jones

Senate Bill 404 and Assembly Bill 712 were recently introduced in the Wisconsin Legislature.  They are not yet law but proposed laws.  They target Wisconsin employers employing illegal aliens. 

The proposed legislation addresses “no match” letter issues (i.e., notification that an employee’s name does not match with the social security number given).  The proposed legislation provides that in a “no match” letter situation, failure to correct the situation would subject a Wisconsin employer to penalties between $5,000 and $10,000 per violation, in addition to any federal penalties that may be imposed.  Any employer found to be in violation would also be ineligible to receive state tax credit grants.  Also, under the legislation, state contractors would be debarred from providing services to the state for up to seven years for a violation of the law.  The only defense to imposition of the penalties appears to be where an employer who receives a Department of Homeland Security “no match” letter corrects the problem within a thirty-day time period. 

For further information, please contact attorney Jeff Jones who prepared this article, or any of the attorneys within the Employment, Labor & Benefits Practice Group of Ruder Ware:  Ron Rutlin, Dean Dietrich, Mary Ellen Schill, Christopher Toner, and Sara Ackermann.

© 2008 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
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