Missouri Enacts Law To Crack Down On Illegal Immigrants – August, 2008

Effective January 1, 2009 public and private employers in Missouri must begin complying with the Illegal Alien and Immigration Status Verification. The law contains a number of provisions designed to encourage greater compliance with the federal immigration laws.

The law requires private employers in Missouri to comply with the following:

1. All employers with five or more employees must file federal 1099 forms with the Missouri Department of Revenue, and face penalties of up to $200 per violation for failure to do so.
2. Employers who misclassify employees as independent contractors, are subject to the imposition of penalties up to $50 per day per misclassified worker up to a total of $50,000.
3. Employers holding state contracts in excess of $5,000 are required to participate in the federal E-Verify work authorization program, and are subject to financial and other penalties for employing unlawful aliens.
4. Voluntary participation in the E-verify program, for those employers not required to participate, is an affirmative defense to an allegation that the employer knowingly employed an illegal alien.
5. In the event of an investigation by the Missouri Attorney General, an employer must provide requested records or be subject to suspension of local licenses, permits and exemptions. In addition, if an employer is found to have knowingly employed an illegal alien, the employer’s local licenses, permits and exemptions may be suspended and in the event of a third violation, permanent suspension.

Missouri employers are encouraged to begin compliance efforts immediately.