The bill aims to amend the Code of West Virginia to enhance the verification of legal employment status for workers and establish record-keeping requirements for employers. It introduces new definitions, including "employment verification" as the electronic system known as E-Verify, and clarifies the definitions of "employee" and "unauthorized worker." Employers are mandated to verify a prospective employee's legal status before hiring and must maintain records of this verification for the duration of employment or three years, whichever is longer. The bill also outlines the commissioner’s authority to investigate compliance, including the ability to access information from other state agencies and to impose fines for violations.

Additionally, the bill prohibits local governments from enacting ordinances that would interfere with the commissioner's enforcement of these provisions. It provides civil protections for employers who use E-Verify, ensuring they cannot be held liable for wrongful termination if they dismiss an employee to comply with the law. The commissioner is granted the right to inspect employer records and question employees to ensure compliance, and a good faith effort to verify an employee's immigration status is presumed to meet the requirements of the law.

Statutes affected:
Introduced Version: 21-1B-2, 21-1B-3, 21-1B-4, 21-1B-9, 21-1B-10, 21-1B-11, 21-1B-12, 21-1B-13