Posted on 07/19/2005 8:40:46 AM PDT by Happy2BMe
Industry wants undocumented law enforced
Sean O'Hara
NMBW Staff
The state and contractors all want to stop unscrupulous construction companies from hiring undocumented workers and then passing them off as independent contractors, for which they claim no responsibility -- and pay no withholding taxes. But the state says it is "shorthanded" and Department of Labor officials won't say if they'll seek funds from legislators next year to enforce a new law meant to deal with the problem. Contractors say they doubt the state has the means to enforce the new law -- and they point to recent cuts in the state Labor Department's Labor & Industrial Division as evidence that the state is not all that serious about enforcing the new law.
At issue is Senate Bill 657, which took effect June 17 and levies penalties of up to six months in jail or a fine of up to $5,000 if contractors fail to meet required employment criteria. The law came, in part, as a response to construction industry leaders who said they discovered a number of contractors around the state using a loophole known as a "1099 status" in the existing law to hire undocumented workers and list them as independent contractors. Industry officials say an independent contractor should only be a person who assumes financial responsibility for errors, possesses commercial advertising or business cards and has the authority to hire and fire employees to perform the labor or services.
About 22 representatives from the state and the construction industry met last week to come up with a way to enforce the new law. They discussed sharing information through a central hub that also would serve as a contact point for informants to turn in law-breakers.
But a number of industry representatives at the meeting raised questions on the legality of sharing information on a contractor, even if that contractor appeared to be breaking the law. Bruce Bachelor, director of the Labor & Industrial Division, said he hopes to hold a second meeting next week to address those concerns.
"There was a general reluctance about sharing information on citizens who are breaking the law, so we are looking for the proper legal vehicle. Once we have that in order, we'll move forward with enforcement," says Bachelor.
Bachelor conceded that concerns about the state being short on staff are well founded.
"We are shorthanded, any rational observer would agree we are," says Bachelor.
He said he's unsure if the department will seek additional funds from the state next year. Doing that, he adds, could increase the state's credibility with contractors.
J.D. File, president of Albuquerque's Les File Drywalling, says he is happy that the state is finally ready to tackle the issue, but questions the state's commitment to enforcement.
"If they enforce this, it will be a great thing, but 90 percent of the legislation they pass they don't enforce," File says. "As far as anything the government gets into, they seem to start off with good intentions, but following through is a different story. I'm very cautious and that's saying it mildly."
You are getting warm . .
Just another union move to get big government to harass nonunion workers and employers.
The lessons of the rust belt states apparently still haven't been learned by the Antis.
Add "Anti-nonunion employers" to the Antis' list.
Viva La MIGRA!!
"rioting by the millions of illegal aliens put out of work over this."
Naw, come on, you mean to tell me that illegal aliens would riot? They are not violent people!
Remember the President saying that Arab Muslims were from the Religion of Peace and the Mexicans bring srong family values with them to America?
That is why he was so eager to have them in our country, I presume. Peaceful, law abiding and hard working was the way he put it to the people of America.
Perhaps they lose those values when they get around too many violent Americans and that is why they are resisting the idea of assimilation into our culture.
"You are getting warm."
By which you mean...........??
Rioting will be their only option. Looting will follow. You know the rest of the story.
Protect our borders and coastlines from all foreign invaders!
Be Ever Vigilant!
Minutemen Patriots ~ Bump!
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