What is the role of the Immigration Reform and Control Act in labor law?
The Immigration Reform and Control Act (IRCA) of 1986 is a United States federal law that governs labor law as it pertains to immigrants. The Act creates several requirements for employers and employees when it comes to labor law issues. Employers must verify the identity and employment eligibility of all new employees by completing Form I-9. This form requires the employee to provide documentation proving that they are authorized to work in the U.S. Failure to complete the I-9 form and obtain necessary documents may result in civil or criminal penalties. Employers must also adhere to the anti-discrimination provisions of IRCA. Under these provisions, employers are prohibited from discriminating against any individual because of their national origin or citizenship status when hiring, firing, or recruiting workers. In addition, employers are prohibited from treating employees differently based on their national origin. Finally, IRCA creates sanctions to punish employers who are found to be hiring or continuing to employ unauthorized workers. Employers are subject to civil and criminal penalties if they are found to be employing unauthorized individuals. In New Hampshire, employers should always check the state labor laws and regulations in order to ensure that their actions comply with the IRCA.
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