New Tennessee Immigration Law
On January 1, 2008, Tennessee House Bill No. 729 took effect, creating a revised Tennessee Code Annotated Section 50-1-103. Under the new state law, the Commissioner of Labor and Workforce Development may suspend the business license of any employer found to “knowingly employ, recruit, or refer for a fee for employment, an illegal alien.”
Although it is a complaint driven law, only state or local government officers, employees, or entities may file a complaint with the Department of Labor and Workforce Development to initiate an investigation. In addition, to suspend an employer’s business license, the investigation must find “clear and convincing” evidence of employing illegal immigrants. Employers may be protected under the new state law if they verify employment eligibility through I-9’s (even if the information is later found to be false) or if they use E-Verify, a federal electronic work authorization verification tool created by the United States Department of Homeland Security.
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C. Michael Shull, III focuses his practice on construction law and litigation. Michael's client representations range from casinos and ENR Top 400 contractors to design firms and subcontractors.