IRLI MODEL TAXPAYER AND CITIZEN PROTECTION ACT

Part C
United States Worker Protections

Section 301. Discriminatory Discharge of United States Workers.
Amends state civil rights act to make discharge of protected US workers while continuing to employ unauthorized workers at same job site or job classification a discriminatory employment practice; makes labor organizations who refer illegal aliens for employment jointly liable with employers, creates safe harbor for employers and unions using E-Verify.
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Section 302. Business Licensing; requirement for employment authorization system.
Makes employment of an unauthorized alien unlawful under state law. All businesses licensed by state or local authorities must register with and use the E-Verify system. Complaints are filed with a designated state agency, which must verify work authorization status using E-Verify. Provides for a hearing in all non-frivolous cases; business licenses of employers who fail to file an affidavit confirming cessation of unlawful employment of unauthorized aliens are suspended, for a second or subsequent violation within two years, suspension is for thirty days. State agency to maintain a public database of suspension actions; provides for agency and judicial appeals.
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Section 303. Worker's compensation; claims by unauthorized alien workers.
Classifies employers subject to two or more compensation claims from illegal aliens in one year as subject to civil and criminal penalties currently imposed on 'non-compliant' employers; provides safe harbor for employers using E-Verify system; requires compensation awarded to unauthorized alien workers to be paid only after the illegal alien employee or beneficiary has departed the U.S.
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Section 304. Illegal aliens; criminal commercial solicitation.
Makes employment solicitation by day laborers who lack employment authorization a misdemeanor in public rights of way, on adjacent public property, or on adjacent private property if notice has been previously provided; protects First Amendment rights of persons lawfully present in U.S.
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Section 305. Employment services provided by tax-exempt organizations; restrictions.
Prohibits tax-exempt organizations or associations from providing temporary contract labor, day labor, employment counseling, recruitment, or referral to or from a prospective employer, to unauthorized alien workers in the state.
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