§995. Civil penalties
A. No person, either for himself or on behalf of another, shall employ, hire, recruit,
or refer, for private or public employment within the state, an alien who is not entitled to
lawfully reside or work in the United States.
B. No person shall be subject to civil penalties pursuant to the provisions of this Part
upon a showing of either of the following:
(1)The citizenship or work authorization status of every employee has been verified
by the United States Citizenship and Immigration Services E-Verify system, hereinafter
referred to as E-Verify.
(2)Each employee has provided a picture identification and one of the following
documents of which the employer has retained a copy for his records:
(a)United States birth certificate or certified birth card.
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§995. Civil penalties
A. No person, either for himself or on behalf of another, shall employ, hire, recruit,
or refer, for private or public employment within the state, an alien who is not entitled to
lawfully reside or work in the United States.
B. No person shall be subject to civil penalties pursuant to the provisions of this Part
upon a showing of either of the following:
(1) The citizenship or work authorization status of every employee has been verified
by the United States Citizenship and Immigration Services E-Verify system, hereinafter
referred to as E-Verify.
(2) Each employee has provided a picture identification and one of the following
documents of which the employer has retained a copy for his records:
(a) United States birth certificate or certified birth card.
(b) Naturalization certificate.
(c) Certificate of citizenship.
(d) Alien registration receipt card.
(e) United States immigration form I-94 (with employment authorized stamp).
C. Any employer who has utilized the E-Verify system to determine the employment
eligibility of an employee is presumed to have been in good faith and is not subject to any
penalty as a result of the reliance on the accuracy of the E-Verify system.
D. The secretary of Louisiana Works shall enforce the provisions of this Section.
The secretary may assess civil penalties against any person violating the provisions of this
Section, or when appropriate, inform the proper governing or licensing authority to suspend
a license or permit to do business, as follows:
(1) For a first violation the penalty shall be not more than five hundred dollars for
each alien employed, hired, recruited, or referred in violation of this Section.
(2) For a second violation the penalty shall be not more than one thousand dollars
for each alien employed, hired, recruited, or referred in violation of this Section. However,
the provisions of this Section shall not apply to any health care facility or entity licensed by
the Louisiana Department of Health, the department shall follow the applicable licensing
statutes and licensing rules for suspension of a license.
(3) For a third or subsequent violation , the appropriate local governing authority or
licensing agency shall immediately suspend the violator's permit or license to do business
in the state for not less than thirty days nor more than six months and a fine shall be assessed
that shall be not more than two thousand five hundred dollars for each alien employed, hired,
recruited, or referred in violation of this Section. However, the provisions of this Section
shall not apply to any health care facility or entity licensed by the Louisiana Department of
Health, the department shall follow the applicable licensing statutes and licensing rules for
suspension of a license.
E. Civil penalties may be imposed only by a ruling of the secretary pursuant to an
adjudicatory hearing held in accordance with the Administrative Procedure Act, R.S. 49:950,
et seq.
F. The secretary may institute civil proceedings in the Nineteenth Judicial District
Court to enforce its rulings. In the event judgment is rendered in said court affirming the
civil penalties assessed, the court shall also award to Louisiana Works reasonable attorney
fees, and judicial interest on said civil penalties from the date of its assessment by Louisiana
Works until paid and all costs.
G. The secretary may institute civil proceedings in the Nineteenth Judicial District
Court seeking injunctive relief to restrain and prevent violations of the provisions of this Part
or of the rules and regulations adopted under the provisions of this Part. If the court grants
the injunctive relief sought by Louisiana Works, it shall also award reasonable attorney fees
and costs to Louisiana Works.