Code of Alabama

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31-13-15
Section 31-13-15 Employment of unauthorized aliens prohibited. (a) No business entity, employer,
or public employer shall knowingly employ, hire for employment, or continue to employ an unauthorized
alien to perform work within the State of Alabama. Knowingly employ, hire for employment,
or continue to employ an unauthorized alien means the actions described in 8 U.S.C. § 1324a.
(b) Effective April 1, 2012, every business entity or employer in this state shall enroll
in E-Verify and thereafter, according to the federal statutes and regulations governing E-Verify,
shall verify the employment eligibility of the employee through E-Verify. A business entity
or employer that uses E-Verify to verify the work authorization of an employee shall not be
deemed to have violated this section with respect to the employment of that employee. (c)
On a finding of a first violation by a court of competent jurisdiction that a business entity
or employer knowingly violated subsection (a), the court...
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31-13-9
Section 31-13-9 Verification of employment eligibility by employers seeking economic incentives.
(a) As a condition for the award of any contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity to a business entity or employer that employs
one or more employees, the business entity or employer shall not knowingly employ, hire for
employment, or continue to employ an unauthorized alien within the State of Alabama. (b) As
a condition for the award of any contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity to a business entity or employer that employs
one or more employees within the State of Alabama, the business entity or employer shall provide
documentation establishing that the business entity or employer is enrolled in the E-Verify
program. During the performance of the contract, the business entity or employer shall participate
in the E-Verify program and shall verify every...
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31-13-17
Section 31-13-17 Discriminatory employment practices. (a) It shall be a discriminatory practice
for a business entity or employer to fail to hire a job applicant who is a United States citizen
or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3)
or discharge an employee working in Alabama who is a United States citizen or an alien who
is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) while retaining
or hiring an employee who the business entity or employer knows, or reasonably should have
known, is an unauthorized alien. (b) A violation of subsection (a) may be the basis of a civil
action in the state courts of this state. Any recovery under this subsection shall be limited
to compensatory relief and shall not include any civil or criminal sanctions against the employer.
(c) The losing party in any civil action shall pay the court costs and reasonable attorneys
fees for the prevailing party; however, the losing...
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31-13-25
Section 31-13-25 E-Verify employer agent service. (a)(1) The Alabama Department of Homeland
Security shall establish and maintain an E-Verify employer agent service for any business
entity or employer in this state with 25 or fewer employees to use the E-Verify program to
verify an employee's employment eligibility on behalf of the business entity or employer.
The Alabama Department of Homeland Security shall establish an E-Verify employer agent account
with the United States Department of Homeland Security, shall enroll a participating business
entity or employer in the E-Verify program on its behalf, and shall conform to all federal
statutes and regulations governing E-Verify employer agents. The Alabama Department of Homeland
Security shall not charge a fee to a participating business entity or employer for this service.
(2) The Alabama Department of Homeland Security E-Verify employer agent service shall be in
place by November 30, 2011. The service shall accommodate a business...
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31-13-3
employment, or of any employee, including any person or entity employing any person for hire
within the State of Alabama, including a public employer. This term shall not include the
occupant of a household contracting with another person to perform casual domestic labor within
the household. (6) EMPLOYMENT. The act of employing or state of being employed, engaged, or
hired to perform work or service of any kind or character within the State of Alabama, including
any job, task, work, labor, personal services, or any other activity for which compensation
is provided, expected, or due, including, but not limited to, all activities conducted by
a business entity or employer. This term shall not include casual domestic labor performed
in a household on behalf of the occupant of the household or the relationship between a contractor
and the employees of a subcontractor performing work for the contractor. (7) E-VERIFY. The
electronic verification of federal employment authorization program...
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13A-9-150
improperly charted, coded, or billed for any medical or health care service, common practices,
including but not limited to, repayment, even years later, may use as a defense to, or ground
for dismissal of, a prosecution under this section. (i) The introduction into evidence of
a paid state warrant to the order of the defendant is prima facie evidence that the defendant
did receive public assistance from the state. (j) The introduction into evidence of a transaction
history generated by a personal identification number (PIN) establishing a purchase
or withdrawal by electronic benefit transfer is prima facie evidence that the identified recipient
received public assistance from the state. (k)(1) If an original record is admissible in any
case or proceeding in a court in the state, a certified copy of the record in the custody
of any federal or state agency relating to an investigation of public assistance fraud under
this section shall be admissible when certified and affirmed by the...
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31-13-16
Section 31-13-16 Certain business expense deductions prohibited. (a) No wage, compensation,
whether in money or in kind or in services, or remuneration of any kind for the performance
of services paid to an unauthorized alien shall be allowed as a deductible business expense
for any state income or business tax purposes in this state. This subsection shall apply whether
or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.
(b) Any business entity or employer who knowingly fails to comply with the requirements of
this section shall be liable for a penalty equal to 10 times the business expense deduction
claimed in violation of subsection (a). The penalty provided in this subsection shall be payable
to the Alabama Department of Revenue. (Act 2011-535, §16.)...
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34-25B-24
Section 34-25B-24 Exceptions. This chapter does not apply to the following: (1) An employee
of any business or entity that is not primarily engaged in the business of private investigation
when that employee is performing duties related to his or her employment. (2) An investigation
of the internal affairs of a private business entity investigating a current or prospective
employee. (3) An employee of any business or entity that is not primarily engaged in the business
of private investigation when that employee is working under a contract for his or her services
that his or her employer signed with a third party. (4) Any person or professional, including
without limitation an attorney providing legal services, who is not primarily engaged in the
business of private investigation, but who in conjunction with his or her business or profession
may occasionally perform private investigation services. (5) Any business or entity that is
not primarily engaged in the business of private...
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36-25-1
person is associated in a manner different from the manner it affects the other members of
the class to which he or she belongs. A conflict of interest shall not include any of the
following: a. A loan or financial transaction made or conducted in the ordinary course of
business. b. An occasional nonpecuniary award publicly presented by an organization for performance
of public service. c. Payment of or reimbursement for actual and necessary expenditures for
travel and subsistence for the personal attendance of a public official or public employee
at a convention or other meeting at which he or she is scheduled to meaningfully participate
in connection with his or her official duties and for which attendance no reimbursement is
made by the state. d. Any campaign contribution, including the purchase of tickets to, or
advertisements in journals, for political or testimonial dinners, if the contribution is actually
used for political purposes and is not given under circumstances from...
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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