Employment Law Guide

	In This Chapter
Who Is Covered Basic Provisions/Requirements Employee Rights Compliance Assistance Available Penalties/Sanctions Relation to State, Local and Other Federal Laws

Authorized Workers

Immigration and Reform and Control Act of 1986 (IRCA)
(8 USC 1101 as amended)
Immigration and Nationality Act, Section 274A

Who is Covered

The Immigration and Nationality Act (INA) includes provisions addressing employment eligibility, employment verification and nondiscrimination. These provisions apply to all employers.

Basic Provisions/Requirements

Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer.

Employee Rights

The INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status.

Compliance Assistance Available

More detailed information, including copies of explanatory brochures and regulatory and interpretative materials, may be obtained from local offices of the Employment Standards Administration's Wage and Hour Division and the Office of Federal Contract Compliance Programs.

Penalties/Sanctions

Employers who fail to complete and/or retain the I‑9 forms are subject to penalties. The Immigration and Naturalization Service (INS) enforces the INA requirements on verification of employment eligibility. The Justice Department enforces the anti‑discrimination provisions. As part of their ongoing enforcement efforts, the ESA's Wage and Hour Division and Office of Federal Contract Compliance Programs conduct inspections of the I‑9 forms. They report their findings to the INS and to the Department of Justice where disparate treatment or unauthorized employment is apparent.

Relation to State, Local and Other Federal Laws

Not applicable.