[Adopted 9-19-2006 by L.L. No. 52-2006 (Ch. 234, Art. I, of the 1985 Code)]
A. 
This Legislature hereby finds that there has been an ongoing national debate regarding the unfairness and inequities between employers that comply with all federal, state, and local laws and regulations in connection with the hiring of their employees and employers that fail to comply with such laws and regulations.
B. 
This Legislature further finds and determines that these inequities provide a financial disadvantage to those employers who comply with all federal, state, and local laws and regulations in connection with the hiring of their employees while, in turn, providing an unfair financial advantage to those employers who do not comply with the law.
C. 
This Legislature further finds and determines that, since there has been a lack of enforcement of a twenty-year-old federal law (Simpson-Mazzoli) that requires businesses to verify that their employees are legally eligible to be employed in the United States, Suffolk County has an opportunity to lead by example in an effort to prod the federal government to undertake such enforcement action.
D. 
This Legislature also finds and determines that employer noncompliance with federal, state, and local laws and regulations that regulate the hiring of employees results in diminished protection of employees from unfair labor practices and fosters the circumvention of prevailing wage and health insurance coverage requirements.
E. 
This Legislature further finds and determines that Suffolk County at present has no jurisdiction to enforce Simpson-Mazzoli, even against businesses that are one-hundred-percent funded by the County of Suffolk.
F. 
This Legislature also finds and determines that the County of Suffolk has a finite amount of scarce taxpayer resources to expend, which resources shall be spent wisely and prudently.
G. 
This Legislature further finds that the County of Suffolk provides grants, loans, contracts, license agreements, leases and other forms of financial assistance to businesses that result in the creation and maintenance of a wide variety of employment opportunities in Suffolk County, thereby affording the County the opportunity to utilize its economic and financial leverage to compel local businesses to comply with the federal law requiring businesses to verify that their employees are legally eligible to be employed in the United States.
H. 
Therefore, the purpose of this article is to provide a means of assisting the enforcement of the federal law requiring businesses to verify that their employees are legally eligible to be employed in the United States, by providing an enforcement mechanism at the County level against noncompliant businesses that are one-hundred-percent funded by the County of Suffolk, thereby:
(1) 
Helping to promote the federal policy of requiring employers to verify the employment status of potential employees;
(2) 
Helping to eliminate unfair competitive advantages between businesses;
(3) 
Helping to eliminate unfair labor practices and worker exploitation; and
(4) 
Helping to assure taxpayers that employers and employees are paying their fair share of taxes by complying with tax laws.
As used in this article, the following terms shall have the meanings indicated:
ALIEN
Any person who is not a citizen or national of the United States.
AWARDING AGENCY
That subordinate or component entity or person of the County of Suffolk that is responsible for solicitation of proposals or bids and responsible for the award and administration of contracts, license agreements, leases and other financial compensation agreements.
COMPENSATION
A. 
Any grant, loan, tax incentive, funding, appropriation, payment, subsidy or other form of financial assistance which is realized by or provided to a covered employer, or the owners thereof, by or through the authority or approval of the County of Suffolk, including, but not limited to, community development block grant (CDBG) loans, Industrial Development Agency (IDA) loans, and Enterprise-Zone-related incentives.
B. 
Any contract, subcontract, license agreement, lease or other financial compensation agreement let to a person with or by the County of Suffolk for the furnishing of services, goods, equipment, supplies, materials, public works, or other property to or for the County of Suffolk.
CONTRACTOR
A person who contracts to do work for another. This term does not include wholesalers.
COUNTY
The County of Suffolk, any agency, office, position, administration, department, division, bureau, board, commission, corporation, public authority or unit of government, the expenses of which are paid in whole or in part by the County of Suffolk, or over which majority control is exercised by officers of the County of Suffolk or of a County-affiliated agency or their appointees.
COVERED EMPLOYEE
An individual employed on either a full-time, part-time, temporary or seasonal basis by a covered employer to perform work on or for the project or matter for which the recipient has received compensation.
COVERED EMPLOYER
A recipient of, or an applicant for, compensation that is not exempt from this article, and who has at least one covered employee working within the County of Suffolk or the County of Nassau, or at least one fifty-percent-or-more owner living within the County of Suffolk.
PERSON
One or more of the following or their agents, employees, representatives and legal representatives: individuals, corporations, partnerships, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, all trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and other entities recognized at law by this County.
PROTECTED INDIVIDUAL
An individual who is a citizen or national of the United States; or is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under 8 U.S.C. § 1160(a) or § 1255a(a)(1), is admitted as a refugee under 8 U.S.C. § 1157, or is granted asylum under 8 U.S.C. § 1158; but does not include an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of a period of lawful permanent residence) to apply for naturalization or, if later, within six months after the date of the enactment of 8 U.S.C. § 1324b; or an alien who has applied on a timely basis but has not been naturalized as a citizen within two years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization.
RECIPIENT
Any person or entity who or which is a recipient of compensation, as defined in this article, and any contractor or subcontractor of a recipient producing or providing goods, materials, supplies, public works, or services to a recipient that are used by that recipient in the project or matter for which the recipient has received compensation.
SEASONAL
A period of time not to exceed 90 consecutive days at any given time within a six-month period.
SUBCONTRACTOR
A person who takes portions of a contract from a covered employer, a contractor or another subcontractor. This term does not include wholesalers.
WHOLESALER
A person who buys in comparatively large quantities and then resells, usually in small quantities to a middleman or retailer, but never to the ultimate consumer.
A. 
Affidavit of compliance by covered employers; discrimination and retaliation prohibited.
(1) 
All covered employers, and the owners thereof, as the case may be, that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is 100% funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which shall be established by the County Department of Labor, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code (U.S.C.), § 1324a (Aliens and Nationality), with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request.
(2) 
No such covered employers, and the owners thereof, as the case may be, shall discriminate against any covered employee or applicant for employment with respect to the hiring, or recruitment or referral for a fee, of such covered employee or applicant for employment, nor shall such covered employers, and the owners thereof, as the case may be, discriminate against any covered employee with respect to the discharge of such covered employee, because of race, creed, color, national origin, sex, age, gender, disability, sexual orientation, military status, or marital status or, in the case of a protected individual, because of such individual's citizenship status.
(3) 
No such covered employers, and the owners thereof, as the case may be, shall intimidate, threaten, coerce, or retaliate against any covered employee or applicant for employment for the purpose of interfering with any right or privilege secured under 8 U.S.C. § 1324b or because the covered employee or applicant for employment intends to file or has filed a charge or a complaint, testified, assisted, or participated in a manner in an investigation, proceeding, or hearing under 8 U.S.C. § 1324b. A covered employee or applicant for employment so intimidated, threatened, coerced, or retaliated against shall be considered to have been discriminated against for purposes of Subsection A(2) of this section.
B. 
Affidavit of compliance by contractors and subcontractors; discrimination and retaliation prohibited.
(1) 
All contractors and subcontractors of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is 100% funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which shall be established by the Department of Labor, certifying that they have complied, in good faith, with the requirements of 8 U.S.C. § 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request.
(2) 
No such contractors and subcontractors of covered employers, and the owners thereof, as the case may be, shall discriminate against any employee or applicant for employment with respect to the hiring, or recruitment or referral for a fee, of such employee or applicant for employment, nor shall such contractors and subcontractors of covered employers, and the owners thereof, as the case may be, discriminate against any employee with respect to the discharge of such employee, because of race, creed, color, national origin, sex, age, gender, disability, sexual orientation, military status, or marital status or, in the case of a protected individual, because of such individual's citizenship status.
(3) 
No such contractors and subcontractors of covered employers, and the owners thereof, as the case may be, shall intimidate, threaten, coerce, or retaliate against any employee or applicant for employment for the purpose of interfering with any right or privilege secured under 8 U.S.C. § 1324b or because the employee or applicant for employment intends to file or has filed a charge or a complaint, testified, assisted, or participated in a manner in an investigation, proceeding, or hearing under 8 U.S.C. § 1324b. An employee or applicant for employment so intimidated, threatened, coerced, or retaliated against shall be considered to have been discriminated against for purposes of Subsection B(2) of this section.
C. 
Covered-employer- and owner-sworn affidavits shall be submitted to the awarding agency at the following times:
(1) 
Upon application made to the County for any grant, loan, subsidy, tax-incentive funding, appropriation, payment, or other form of financial assistance;
(2) 
Upon submission to the County of any response to a County bid, request for proposals (RFP), request for qualifications (RFQ), request for expressions of interest (RFEI), or similar contract-letting process, including but limited to letting for license agreements, leases and other financial compensation agreements;
(3) 
On January 1 of each year for the duration of the County contract, subcontract, license agreement, lease or other financial compensation agreement; and
(4) 
Upon renewal and amendment of any County contract, subcontract, license agreement, lease or other financial compensation agreement.
D. 
Contractor- and subcontractor-sworn affidavits shall be submitted by the covered employer to the awarding agency at the following times:
(1) 
Within one week after the contractor or subcontractor is hired by the covered employer to perform the work in connection with the County contract, subcontract, license agreement, lease or other financial compensation agreement;
(2) 
In the event of a County contract, subcontract, license agreement, lease or other financial compensation agreement that is being renewed or amended where a contractor or subcontractor was previously hired by a covered employer to perform work in connection with such contract, subcontract, license agreement, lease or other financial compensation agreement, upon such renewal or amendment; and
(3) 
On January 1 of each year for the duration of the County contract, subcontract, license agreement, lease or other financial compensation agreement, provided that the contractor or subcontractor was previously hired by the covered employer to perform work in connection with such contract, subcontract, license agreement, lease or other financial compensation agreement and is continuing to perform such work.
A. 
Any covered employer and the owners thereof, as the case may be, that establish that they have complied in good faith with the requirements of 8 U.S.C. § 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be, have established an affirmative defense that such covered employer and the owners thereof, as the case may be, have not violated § 353-12A(1) of this article with respect to such hiring and alien and nationality status of the owners thereof.
B. 
Any contractor and subcontractor of a covered employer and the owners thereof, as the case may be, that establish that they have complied in good faith with the requirements of 8 U.S.C. § 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be, have established an affirmative defense that such contractor and subcontractor of the covered employer and the owners thereof, as the case may be, have not violated § 353-12B(1) of this article with respect to such hiring and alien and nationality status of the owners thereof.
A. 
All covered employers and the owners thereof, as the case may be, shall verify that they have complied with the requirements of § 353-12 of this article based upon the categories of records, set forth below, copies of which shall be maintained by the covered employer to evidence compliance with this article:
(1) 
United States passport; or
(2) 
Resident alien card or alien registration card; or
(3) 
Driver's license and social security number:
(a) 
Driver's license, if it contains a photograph of the individual; and
(b) 
A social security account number card (other than such a card which specifies on its face that the issuance of the card does not authorize employment in the United States); or
(4) 
Employment authorization documents, such as an H-1B visa, H-2B visa, and L-1 visa, or such other work visa as may be authorized by the United States Government at the time the County contract is awarded for all covered employees; or
(5) 
Birth certificate indicating that person was born in the United States;
B. 
The documents reviewed and relied upon by the covered employer, or the owners thereof, as the case may be, must appear on their face to be genuine. Copies of such documents relied upon by the covered employer, or the owners thereof, as the case may be, shall be maintained by the covered employer for all covered employees for the periods set forth below.
C. 
Such records shall be maintained by the covered employer, or owners thereof, for the following minimum periods of time:
(1) 
One year for a tax incentive;
(2) 
Two years for a County grant, subsidy or other financial assistance;
(3) 
Until such time the County loan is paid back in full; and
(4) 
Six years after the County contract, subcontract, license agreement, lease or other financial compensation agreement either expires or is terminated.
D. 
Authorized County employees shall be entitled to review such records on a periodic basis as requested by the County or awarding agency.
A. 
No grant, loan, subsidy, tax incentive, funding, appropriation, payment, other financial assistance, contract, subcontract, license agreement, lease or other financial compensation agreement shall be awarded to a covered employer, or the owners thereof, as the case may be, that does not certify that it has complied with 8 U.S.C. § 1324a and §§ 353-12 and 353-14 of this article, with respect to its covered employees or with respect to the alien and nationality status of the owners thereof, as the case may be. All County contracts, subcontracts, license agreements, leases and other financial compensation agreements awarded shall set forth the obligations of the covered employer and owners as enumerated in this article.
B. 
All covered employers, or the owners thereof, as the case may be, shall inform their contractors and subcontractors to comply with the provisions of this article for as long as the covered employer or owner, as the case may be, is in receipt of compensation. Language indicating the contractor's and subcontractor's requirement to comply shall be included in any contract or agreement between a covered employer and its contractors and subcontractors. A copy of such subcontracts or other agreements shall be submitted to the County and made available to the public upon request.
A. 
This article shall apply to all actions occurring on or after January 1, 2007, and shall apply to:
(1) 
All County contracts, subcontracts, license agreements, leases and other financial compensation agreements entered into or renewed after the applicability date of this article;
(2) 
Amendments to all County contracts, subcontracts, license agreements, leases and other financial compensation agreements entered into after the applicability date of this article;
(3) 
All loans, subsidies, tax incentives, funding, appropriations, payments, and other financial assistance provided by the County after the applicability date of this article; and
(4) 
A covered employer, or the owners thereof, as the case may be, who is constructing public works for the County of Suffolk under a loan agreement and pursuant to County plans and specifications, even though the project may not be 100% County-funded due to federal and/or state aid that may be available.
B. 
This article shall not apply as follows: § 353-12B of this article shall not apply to the subcontractors of not-for-profit corporations or the subcontractors of the owners thereof, as the case may be, as that term is defined in the New York Not-For-Profit Corporation Law.
C. 
The Department of Labor shall not require not-for-profit corporations which have no employees to submit affidavits as described in § 353-12 of this article; rather, not-for-profit corporations shall certify on a form established by the Department of Labor that the corporation has no employees. A not-for-profit corporation must submit this form only once annually even if that corporation is the recipient of compensation under multiple contracts. If a not-for-profit corporation submits this form and thereafter hires an employee during the calendar year, the not-for-profit corporation must immediately notify the Department of Labor or the awarding agency and thereafter comply with all applicable provisions of this article.
[Added 8-5-2008 by L.L. No. 31-2008]
A. 
Notwithstanding any provision of law to the contrary, any covered employer, or the owners thereof, as the case may be, who submit a false, fictitious or fraudulent affidavit to the County or awarding agency in connection with § 353-12 or 353-15 of this article shall, upon conviction, be guilty of a Class A misdemeanor, punishable by a fine of not less than $250 nor more than $2,000 or up to six months' imprisonment, or both. Each such violation shall constitute a separate and distinct offense.
B. 
Notwithstanding any provision of law to the contrary, any covered employer, or the owners thereof, as the case may be, who violates any of the provisions of § 353-12 or 353-15 of this article, upon a first violation shall be subject to a civil penalty in an amount not less than $250 nor more than $1,000 for each day such covered employee remains employed by the covered employer, or for each day the owners thereof shall remain an owner, as the case may be. Any covered employer, or the owners thereof, as the case may be, who violates any of the provisions of § 353-12 or 353-15 of this article as set forth herein within the period of one year immediately subsequent to the first violation shall be guilty of a second violation, the civil penalty of which shall be in an amount not less than $2,000 nor more than $5,000 for each day such covered employee remains employed by the covered employer, or for each day the owners thereof shall remain an owner, as the case may be. Each such violation shall constitute a separate and distinct offense.
C. 
Notwithstanding any provision of law to the contrary, any covered employer, or the owners thereof, as the case may be, who violates the provisions of § 353-14 of this article shall be subject to a civil penalty in an amount not less than $250 nor more than $2,000.
D. 
Any covered employer, or the owners thereof, as the case may be, who violates the provisions of § 353-12, 353-14 or 353-15 of this article, more than two times, shall have its contract, subcontract, license agreement, lease or other financial compensation agreement terminated immediately; and, in the case of a County loan, subsidy or other form of financial assistance, same shall be declared in default for purposes of the County collecting on the full amount of the loan, subsidy or other form of financial assistance. In addition, such covered employers shall be barred from bidding on future County contracts and shall be ineligible to receive any future loans, subsidies or other financial assistance from the County.
E. 
Any determination made hereunder by the County of Suffolk shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules.
The Suffolk County Department of Labor shall promulgate such rules and regulations as it deems necessary and appropriate for the implementation and enforcement of any provisions of this article. Such rules shall govern the conduct of adjudicatory proceedings and appeals taken pursuant to a proceeding commenced under Article 78 of the Civil Practice Law and Rules relating to the assessment of civil penalties herein authorized and such other penalties authorized under § 353-17D of this article. Such rules shall further provide for due process procedural mechanisms and any other mechanisms deemed necessary by the Suffolk County Department of Labor. Such rules and regulations shall establish that the Suffolk County Department of Labor shall refer to the Suffolk County Human Rights Commission all complaints it receives of unlawful discrimination under § 353-12A and B of this article and all unlawful discriminatory practices, as that term is defined in Chapter 528, Human Rights, Article II, § 528-8, of the Suffolk County Code, of all covered employers, and the owners thereof, and all contractors and subcontractors of such covered employers, and the owners thereof.