PRINTER'S NO. 3717
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2619
Session of
2024
INTRODUCED BY R. MACKENZIE, BERNSTINE, HAMM, KUZMA,
M. MACKENZIE, SCIALABBA, LEADBETER AND M. BROWN,
OCTOBER 7, 2024
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 7, 2024
AN ACT
1 Prohibiting the employment of unauthorized employees; requiring
2 meat packing and food preparation industry employers to
3 verify the Social Security numbers of employees; imposing
4 duties on the Department of Labor and Industry; and imposing
5 penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Meat Packing
10 and Food Preparation Industry Employee Verification Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Agency." An agency, department, board or commission of the
16 Commonwealth or of a municipality that issues a license for
17 purposes of operating a business in this Commonwealth.
18 "Department." The Department of Labor and Industry of the
19 Commonwealth.
 1 "Employ." To enter into an employer-employee relationship
2 with an individual or to use a contract, subcontract or exchange
3 with an individual to obtain labor.
4 "Employee." An individual who enters into an employer-
5 employee relationship with an employer or into a contract,
6 subcontract or exchange with an employer to provide labor.
7 "Employer." A business in the meat packing or food
8 preparation industry that:
9 (1) Employs 100 or more employees at a single facility,
10 including independent contractors and employees hired by a
11 temporary hiring or staffing agency located in this
12 Commonwealth.
13 (2) Is any of the following:
14 (i) A business licensed under the act of July 9,
15 1968 (P.L.304, No.151), known as the Pennsylvania Meat
16 and Poultry Hygiene Law of 1968.
17 (ii) A food establishment subject to 3 Pa.C.S. Ch.
18 57 Subch. B (relating to food safety).
19 "E-Verify program." The Internet-based program administered
20 by the United States Department of Homeland Security and the
21 United States Social Security Administration which allows
22 employers to verify an employee's work-authorization status. The
23 term includes any successor program.
24 "Facility." The location of an employer where the employees
25 perform job-related duties or any of the following occurs,
26 without limitation:
27 (1) Slaughtering or butchering.
28 (2) The making, cooking, mixing, processing, bottling,
29 baking, canning, freezing, packing or rendering of products
30 intended for human consumption.
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 1 "License." As follows:
2 (1) A permit, certificate, approval, registration,
3 charter or similar form of authorization that is required by
4 law and issued by an agency for the purposes of:
5 (i) operating a business in this Commonwealth; or
6 (ii) conducting operations in the meat packing or
7 food preparation industry.
8 (2) The term includes articles of incorporation and
9 domestic or foreign entity registrations under 15 Pa.C.S.
10 (relating to corporations and unincorporated associations).
11 (3) The term does not include a professional or
12 occupational license or certificate granted to an individual
13 to engage in a profession or trade.
14 "Subcontractor." A person regardless of tier, including a
15 staffing agency, that supplies workers to an employer under a
16 contract.
17 "Unauthorized employee." An individual who does not have the
18 legal right or authorization under Federal law to work in the
19 United States.
20 Section 3. Prohibited employment.
21 (a) Prohibition.--An employer may not knowingly employ an
22 unauthorized employee.
23 (b) Verification.--On and after the effective date of this
24 subsection, each employer who hires an employee shall verify the
25 employment eligibility of the employee through the E-Verify
26 program and shall keep a record of the verification for the
27 duration of the employee's employment or three years, whichever
28 is longer.
29 (c) Staffing agencies.--If a staffing agency supplies
30 workers to multiple industries, subsections (a) and (b) shall
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 1 only apply to workers supplied for the meat packing or food
2 preparation industry.
3 Section 4. Procedures, presumptions and defenses.
4 (a) Complaint form.--The department shall develop and make
5 available a complaint form for an individual to allege a
6 violation of section 3(a).
7 (b) Complaint process.--
8 (1) An individual may submit to the department a
9 complaint about a violation of section 3(a) on the prescribed
10 complaint form.
11 (2) An individual who knowingly provides materially
12 false information on the prescribed complaint form shall be
13 subject to punishment under 18 Pa.C.S. § 4904 (relating to
14 unsworn falsification to authorities).
15 (3) The department may investigate complaints under this
16 act.
17 (4) Pursuant to an investigation of a complaint under
18 this act, the department may:
19 (i) Enter and inspect the place of business or place
20 of employment of an employer of employees in any
21 occupation in this Commonwealth at any reasonable time
22 for the purpose of examining and inspecting records of
23 the employer that in any way relate to compliance with
24 this act.
25 (ii) Copy any or all records as the department may
26 deem necessary or appropriate.
27 (iii) Require from an employer full and accurate
28 statements in writing, at times that the department deems
29 necessary, of the work authorization verification process
30 for all employees in the employer's employment.
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 1 (iv) Interrogate persons for the purpose of
2 ascertaining whether an employer has complied with this
3 act.
4 (c) Duty to investigate.--Upon receipt of a complaint on the
5 prescribed complaint form alleging that an employer knowingly
6 employs an unauthorized employee, the department shall
7 investigate whether the employer has violated section 3(a) if
8 all the information required to complete the form has been
9 provided, including the name of the individual filing the
10 complaint.
11 (d) Authority to investigate.--The department may
12 investigate a complaint that is not submitted on the prescribed
13 complaint form, including an anonymous complaint.
14 (e) Prohibition.--The department may not investigate a
15 complaint that is based solely on race, color or national
16 origin.
17 (f) Verification.--If the department investigates a
18 complaint, the department shall verify the work authorization of
19 the alleged unauthorized employee with the Federal Government
20 under section 642(c) of the Illegal Immigration Reform and
21 Immigrant Responsibility Act of 1996 (Public Law 104-208, 8
22 U.S.C. § 1373(c)). A Commonwealth or local official may not
23 attempt to independently make a final determination on whether
24 an unauthorized employee is authorized to work in the United
25 States.
26 (g) Notification and action.--If, after an investigation,
27 the department determines that the alleged employee is an
28 unauthorized employee, the department shall do all of the
29 following:
30 (1) For a first violation, the department shall issue a
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 1 warning letter detailing the violation and informing the
2 employer of the provisions of this act. The following apply:
3 (i) Notwithstanding paragraph (2), a violation by an
4 employer that occurs 10 years or more after a prior
5 violation shall be deemed a first violation.
6 (ii) The department may not issue a warning letter
7 if the employer demonstrates that the employment
8 eligibility of the unauthorized employee was verified in
9 good faith through the E-Verify program in accordance
10 with section 3(b).
11 (iii) After the issuance of a warning letter, the
12 employer shall verify in writing to the department within
13 10 business days that the employer has terminated the
14 employment of each unauthorized employee in this
15 Commonwealth. If the employer fails to provide the
16 verification, the violation shall constitute a second
17 violation, and the department shall make a referral to
18 the Attorney General in accordance with paragraph (2).
19 (iv) The employer may appeal the issuance of the
20 warning letter under the provisions of 2 Pa.C.S.
21 (relating to administrative law and procedure).
22 (2) For a second or subsequent violation, the department
23 shall refer the case to the Attorney General for enforcement.
24 The following apply:
25 (i) The Attorney General shall bring an action
26 against the employer in the county where the unauthorized
27 employee is or was employed by the employer.
28 (ii) The Attorney General may not bring an action
29 against an employer for a violation that occurred before
30 the effective date of this subparagraph.
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 1 (h) Expedited action.--Upon docketing an action under this
2 section, the court shall expedite the action, including
3 assigning the hearing at the earliest practicable date.
4 (i) Determination.--In determining whether an employee is an
5 unauthorized employee, the court shall consider only the Federal
6 Government's determination under section 642(c) of the Illegal
7 Immigration Reform and Immigrant Responsibility Act of 1996. The
8 following apply:
9 (1) The Federal Government's determination shall create
10 a rebuttable presumption of the employee's status.
11 (2) The court may take judicial notice of the Federal
12 Government's determination and may request the Federal
13 Government to provide automated or testimonial verification
14 under section 642(c) of the Illegal Immigration Reform and
15 Immigrant Responsibility Act of 1996.
16 (j) Rebuttable presumption.--Proof that the employer
17 verified the employment authorization of an employee through the
18 E-Verify program shall create a rebuttable presumption that an
19 employer did not knowingly employ an unauthorized employee.
20 (k) Affirmative defense.--For the purposes of this section,
21 it shall be an affirmative defense if the employer demonstrates
22 that the employer has complied in good faith with section
23 274A(b) of the Immigration and Nationality Act (66 Stat. 163, 8
24 U.S.C. § 1324a(b)). An employer shall be considered to have
25 complied with section 274A(b) of the Immigration and Nationality
26 Act, notwithstanding an isolated, sporadic or accidental
27 technical or procedural failure to meet the requirements, if the
28 employer establishes a good faith attempt to comply with section
29 274A(b) of the Immigration and Nationality Act.
30 Section 5. Penalties and remedial orders.
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 1 (a) Order.--Upon a finding of a violation under section 3(a)
2 pursuant to an action brought by the Attorney General under this
3 act, the court shall order all of the following:
4 (1) The employer to terminate the employment of each
5 unauthorized employee.
6 (2) The employer to a three-year probationary period for
7 each business location where the unauthorized employee
8 performed work. During the probationary period, the employer:
9 (i) shall file quarterly reports with the department
10 of each new employee who is hired by the employer at the
11 business location where the unauthorized employee
12 performed work; and
13 (ii) may not knowingly employ an unauthorized
14 employee.
15 (3) The employer, within five business days, to verify
16 in writing to the department that the employer has terminated
17 the employment of each unauthorized employee in this
18 Commonwealth.
19 (4) Agencies to suspend each license that is held by the
20 employer if the employer fails to timely submit the
21 verification. The following apply:
22 (i) Each license that is suspended under this
23 paragraph shall remain suspended until the employer
24 complies.
25 (ii) Notwithstanding any other law, on filing of the
26 verification, each license shall be reinstated
27 immediately by the appropriate agency.
28 (iii) For the purposes of this paragraph, a license
29 that is subject to suspension under this paragraph shall
30 include each license that is held by the employer
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 1 specific to the business location where the unauthorized
2 employee performed work. If the employer does not hold a
3 license specific to the business location where the
4 unauthorized employee performed work, the court shall
5 order suspension of each license that is held by the
6 employer pertaining to operations anywhere within this
7 Commonwealth.
8 (b) Duration.--
9 (1) For a second violation of section 3(a), the court
10 may order the agency to suspend each license described under
11 subsection (a)(4) that is held by the employer for a period
12 not to exceed 30 business days.
13 (2) For a subsequent violation of section 3(a) or a
14 violation occurring during a three-year probationary period
15 under subsection (a)(2), the court shall order suspension for
16 a term not less than one year up to the permanent revocation
17 of each license.
18 (c) Factors.--In determining whether to order suspension or
19 the duration of a suspension, the court shall consider the
20 following factors:
21 (1) The number of unauthorized employees employed by the
22 employer.
23 (2) Any prior misconduct by the employer.
24 (3) The degree of harm resulting from the violation.
25 (4) Whether the employer made good faith efforts to
26 comply with any applicable requirements.
27 (5) The duration of the violation.
28 (6) The role of the directors, officers or principals of
29 the employer in the violation.
30 (7) Any other factor that the court deems appropriate.
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 1 (d) Suspension and reinstatement fees.--Nothing in this act
2 shall prohibit an agency from charging an applicable fee for the
3 suspension or reinstatement of a license.
4 Section 6. Protection from retaliation.
5 (a) Prohibited conduct.--It shall be unlawful for an
6 employer to discharge, threaten or otherwise retaliate or
7 discriminate against an employee regarding compensation or other
8 terms or conditions of employment because the employee:
9 (1) participates in an investigation, hearing or inquiry
10 held by the Secretary of Labor and Industry or any other
11 governmental authority under this act; or
12 (2) reports or makes a complaint regarding the violation
13 of this act to an employer or governmental authority.
14 (b) Actions.--
15 (1) An employee who suffers retaliation or
16 discrimination in violation of this section may bring an
17 action in a court of common pleas in accordance with
18 established civil procedures of this Commonwealth.
19 (2) The action under paragraph (1) must be brought
20 within three years from the date the employee knew of the
21 retaliation or discrimination.
22 (c) Relief.--If an employee prevails in an action commenced
23 under this section, the employee shall be entitled to the
24 following relief:
25 (1) Reinstatement of the employee, if applicable.
26 (2) Restitution equal to three times the amount of the
27 employee's wages and fringe benefits calculated from the date
28 of the retaliation or discrimination.
29 (3) Reasonable attorney fees and costs of the action.
30 (4) Any other legal and equitable relief as the court
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 1 deems appropriate.
2 Section 7. Immunity and compliance.
3