Pennsylvania HB 905: An Act prohibiting the employment of unauthorized employees; requiring hotel and lodging industry employers to verify the Social Security numbers of employees; imposing duties on the Department of Labor and Industry; and imposing penalties.

Bill Text

PRINTER'S NO. 946
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 905
Session of
2025
INTRODUCED BY M. MACKENZIE, BERNSTINE AND ZIMMERMAN,
MARCH 13, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 13, 2025
AN ACT
Prohibiting the employment of unauthorized employees; requiring
hotel and lodging industry employers to verify the Social
Security numbers of employees; imposing duties on the
Department of Labor and Industry; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Hotel and
Lodging Industry Employee Verification Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." An agency, department, board or commission of the
Commonwealth or of a municipality that issues a license for
purposes of operating a business in this Commonwealth.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employ." To enter into an employer-employee relationship
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with an individual or to use a contract, subcontract or exchange
with an individual to obtain labor.
"Employee." An individual who enters into an employer-
employee relationship with an employer or into a contract,
subcontract or exchange with an employer to provide labor.
"Employer." Any of the following with at least 150 guest
rooms:
(1) A hotel, motel, inn, guesthouse or other building
that holds itself out by any means, including advertising,
license, registration with any innkeeper's group, convention
listing association, travel publication or similar
association or with a government agency, as being available
to provide overnight lodging or use of facility space for
consideration to individuals seeking temporary accommodation.
(2) A place that advertises to the public at large or
any segment of the public that it will provide beds, sanitary
facilities or other space for a temporary period to members
of the public at large.
(3) A place recognized as a hostelry.
"E-Verify program." The Internet-based program administered
by the United States Department of Homeland Security and the
United States Social Security Administration that allows
employers to verify an employee's work-authorization status. The
term includes any successor program.
"License." As follows:
(1) A permit, certificate, approval, registration,
charter or similar form of authorization that is required by
law and issued by an agency for the purposes of:
(i) operating a business in this Commonwealth; or
(ii) conducting operations in the hotel and lodging
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industry.
(2) The term includes articles of incorporation and
domestic or foreign entity registrations under 15 Pa.C.S.
(relating to corporations and unincorporated associations).
(3) The term does not include a professional or
occupational license or certificate granted to an individual
to engage in a profession or trade.
"Subcontractor." A person regardless of tier, including a
staffing agency, that supplies workers to an employer under a
contract.
"Unauthorized employee." An employee who does not have the
legal right or authorization under Federal law to work in the
United States.
Section 3. Prohibited employment.
(a) Prohibition.--An employer may not knowingly employ an
unauthorized employee.
(b) Verification.--On and after the effective date of this
subsection, an employer that hires an employee shall verify the
employment eligibility of the employee through the E-Verify
program and shall keep a record of the verification for the
duration of the employee's employment or three years, whichever
is longer.
(c) Staffing agencies.--If a staffing agency supplies
workers to multiple industries, subsections (a) and (b) shall
only apply to workers supplied for the hotel and lodging
industry.
Section 4. Procedures, presumptions and defenses.
(a) Complaint form.--The department shall develop and make
available a complaint form for an individual to allege a
violation of section 3(a).
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(b) Complaint process.--
(1) An individual may submit to the department a
complaint about a violation of section 3(a) on the prescribed
complaint form.
(2) An individual who knowingly provides materially
false information on the prescribed complaint form shall be
subject to punishment under 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities).
(3) The department may investigate complaints under this
act.
(4) Pursuant to an investigation of a complaint under
this act, the department may:
(i) Enter and inspect the place of business or place
of employment of an employer in this Commonwealth at any
reasonable time for t