HB 903 — An Act prohibiting the employment of unauthorized employees; requiring meat packing and food preparation industry employers to verify the Social Security numbers of employees; imposing duties on the Department of Labor and Industry; and imposing penalties.

PRINTER'S NO.   944

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 903
                                               Session of
                                                 2025

     INTRODUCED BY M. MACKENZIE, STAATS AND ZIMMERMAN, MARCH 13, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 13, 2025


                                    AN ACT
 1   Prohibiting the employment of unauthorized employees; requiring
 2      meat packing and food preparation industry employers to
 3      verify the Social Security numbers of employees; imposing
 4      duties on the Department of Labor and Industry; and imposing
 5      penalties.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8   Section 1.   Short title.
 9      This act shall be known and may be cited as the Meat Packing
10   and Food Preparation Industry Employee Verification Act.
11   Section 2.   Definitions.
12      The following words and phrases when used in this act shall
13   have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      "Agency."    An agency, department, board or commission of the
16   Commonwealth or of a municipality that issues a license for
17   purposes of operating a business in this Commonwealth.
18      "Department."    The Department of Labor and Industry of the
19   Commonwealth.
20      "Employ."    To enter into an employer-employee relationship
 1   with an individual or to use a contract, subcontract or exchange
 2   with an individual to obtain labor.
 3      "Employee."      An individual who enters into an employer-
 4   employee relationship with an employer or into a contract,
 5   subcontract or exchange with an employer to provide labor.
 6      "Employer."      A business in the meat packing or food
 7   preparation industry that:
 8          (1)   Employs 100 or more employees at a single facility,
 9      including independent contractors and employees hired by a
10      temporary hiring or staffing agency located in this
11      Commonwealth.
12          (2)   Is any of the following:
13                (i)    A business licensed under the act of July 9,
14          1968 (P.L.304, No.151), known as the Pennsylvania Meat
15          and Poultry Hygiene Law of 1968.
16                (ii)    A food establishment subject to 3 Pa.C.S. Ch.
17          57 Subch. B (relating to food safety).
18      "E-Verify program."      The Internet-based program administered
19   by the United States Department of Homeland Security and the
20   United States Social Security Administration that allows
21   employers to verify an employee's work-authorization status. The
22   term includes any successor program.
23      "Facility."      The location of an employer where the employees
24   perform job-related duties or any of the following occurs,
25   without limitation:
26          (1)   Slaughtering or butchering.
27          (2)   The making, cooking, mixing, processing, bottling,
28      baking, canning, freezing, packing or rendering of products
29      intended for human consumption.
30      "License."      As follows:

20250HB0903PN0944                     - 2 -
 1            (1)   A permit, certificate, approval, registration,
 2      charter or similar form of authorization that is required by
 3      law and issued by an agency for the purposes of:
 4                  (i)    operating a business in this Commonwealth; or
 5                  (ii)    conducting operations in the meat packing or
 6            food preparation industry.
 7            (2)   The term includes articles of incorporation and
 8      domestic or foreign entity registrations under 15 Pa.C.S.
 9      (relating to corporations and unincorporated associations).
10            (3)   The term does not include a professional or
11      occupational license or certificate granted to an individual
12      to engage in a profession or trade.
13      "Subcontractor."       A person regardless of tier, including a
14   staffing agency, that supplies workers to an employer under a
15   contract.
16      "Unauthorized employee."       An employee who does not have the
17   legal right or authorization under Federal law to work in the
18   United States.
19   Section 3.     Prohibited employment.
20      (a)   Prohibition.--An employer may not knowingly employ an
21   unauthorized employee.
22      (b)   Verification.--On and after the effective date of this
23   subsection, an employer that hires an employee shall verify the
24   employment eligibility of the employee through the E-Verify
25   program and shall keep a record of the verification for the
26   duration of the employee's employment or three years, whichever
27   is longer.
28      (c)   Staffing agencies.--If a staffing agency supplies
29   workers to multiple industries, subsections (a) and (b) shall
30   only apply to workers supplied for the meat packing or food

20250HB0903PN0944                       - 3 -
 1   preparation industry.
 2   Section 4.      Procedures, presumptions and defenses.
 3      (a)    Complaint form.--The department shall develop and make
 4   available a complaint form for an individual to allege a
 5   violation of section 3(a).
 6      (b)    Complaint process.--
 7             (1)   An individual may submit to the department a
 8      complaint about a violation of section 3(a) on the prescribed
 9      complaint form.
10             (2)   An individual who knowingly provides materially
11      false information on the prescribed complaint form shall be
12      subject to punishment under 18 Pa.C.S. § 4904 (relating to
13      unsworn falsification to authorities).
14             (3)   The department may investigate complaints under this
15      act.
16             (4)   Pursuant to an investigation of a complaint under
17      this act, the department may:
18                   (i)    Enter and inspect the place of business or place
19             of employment of an employer in this Commonwealth at any
20             reasonable time for the purpose of examining and
21             inspecting records of the employer that in any way relate
22             to compliance with this act.
23                   (ii)    Copy any or all records as the department may
24             deem necessary or appropriate.
25                   (iii)    Require from an employer full and accurate
26             statements in writing, at times that the department deems
27             necessary, of the work authorization verification process
28             for all employees.
29                   (iv)    Interrogate persons for the purpose of
30             ascertaining whether an employer has complied with this

20250HB0903PN0944                        - 4 -
 1             act.
 2      (c)    Duty to investigate.--Upon receipt of a complaint on the
 3   prescribed complaint form alleging that an employer knowingly
 4   employs an unauthorized employee, the department shall
 5   investigate whether the employer has violated section 3(a) if
 6   all the information required to complete the form has been
 7   provided, including the name of the individual filing the
 8   complaint.
 9      (d)    Authority to investigate.--The department may
10   investigate a complaint that is not submitted on the prescribed
11   complaint form, including an anonymous complaint.
12      (e)    Prohibition.--The department may not investigate a
13   complaint that is based solely on race, color or national
14   origin.
15      (f)    Verification.--If the department investigates a
16   complaint, the department shall verify the work authorization of
17   the alleged unauthorized employee with the Federal Government
18   under 8 U.S.C. § 1373(c) (relating to communication between
19   government agencies and the Immigration and Naturalization
20   Service). A Commonwealth or local official may not attempt to
21   independently make a final determination on whether an
22   unauthorized employee is authorized to work in the United
23   States.
24      (g)    Notification and action.--If, after an investigation,
25   the department determines that the employee is an unauthorized
26   employee, the department shall do all of the following:
27             (1)    For a first violation, the department shall issue a
28      warning letter detailing the violation and informing the
29      employer of the provisions of this act. The following apply:
30                    (i)   Notwithstanding paragraph (2), a violation by an

20250HB0903PN0944                        - 5 -
 1            employer that occurs 10 years or more after a prior
 2            violation shall be deemed a first violation.
 3                  (ii)    The department may not issue a warning letter
 4            if the employer demonstrates that the employment
 5            eligibility of the unauthorized employee was verified in
 6            good faith through the E-Verify program in accordance
 7            with section 3(b).
 8                  (iii)   After the issuance of a warning letter, the
 9            employer shall verify in writing to the department within
10            10 business days that the employer has terminated the
11            employment of each unauthorized employee in this
12            Commonwealth. If the employer fails to provide the
13            verification, the violation shall constitute a second
14            violation and the department shall make a referral to the
15            Attorney General in accordance with paragraph (2). The
16            employer may appeal the issuance of the warning letter
17            under the provisions of 2 Pa.C.S. (relating to
18            administrative law and procedure).
19            (2)   For a second or subsequent violation, the department
20      shall refer the case to the Attorney General for enforcement.
21      The Attorney General shall bring an action against the
22      employer in the county where the unauthorized employee is or
23      was employed by the employer. The Attorney General may not
24      bring an action against an employer for a violation that
25      occurred before the effective date of this paragraph.
26      (h)   Expedited action.--Upon docketing an action under this
27   section, a court shall expedite the action, including assigning
28   the hearing at the earliest practicable date.
29      (i)   Determination.--In determining whether an employee is an
30   unauthorized employee, a court shall consider only the Federal

20250HB0903PN0944                       - 6 -
 1   Government's determination under 8 U.S.C. § 1373(c). The
 2   following apply:
 3            (1)   The Federal Government's determination shall create
 4      a rebuttable presumption of the employee's status.
 5            (2)   The court may take judicial notice of the Federal
 6      Government's determination and may request the Federal
 7      Government to provide automated or testimonial verification
 8      under 8 U.S.C. § 1373(c).
 9      (j)   Rebuttable presumption.--Proof that the employer
10   verified the employment authorization of an employee through the
11   E-Verify program shall create a rebuttable presumption that an
12   employer did not knowingly employ an unauthorized employee.
13      (k)   Affirmative defenses.--
14            (1)   For the purposes of this section, it shall be an
15      affirmative defense if an employer demonstrates that the
16      employer has complied in good faith with 8 U.S.C. § 1324a(b)
17      (relating to unlawful employment of aliens). An employer
18      shall be considered to have complied with 8 U.S.C. 1324a(b),
19      notwithstanding an isolated, sporadic or accidental technical
20      or procedural failure to meet the requirements, if the
21      employer establishes a good faith attempt to comply with 8
22      U.S.C. § 1324a(b).
23            (2)   An employer shall have an affirmative defense to a
24      violation under section 3(a) if a subcontractor or a
25      subcontractor responsible for a violation by another
26      subcontractor has knowingly employed an unauthorized
27      employee, provided that the contractor:
28                  (i)   Required compliance with this act in the
29            contract with the subcontractor, including providing for
30            the termination of the contract upon court-ordered

20250HB0903PN0944                      - 7 -
 1            sanctions for a violation of this act by the
 2            subcontractor.
 3                  (ii)    Obtained written verification from the
 4            subcontractor that the subcontractor is aware of the
 5            provisions of this act and is responsible for compliance.
 6   Section 5.     Penalties and remedial orders.
 7      (a)   Order.--Upon a finding of a violation under section 3(a)
 8   pursuant to an action brought by the Attorney General under this
 9   act, a court shall order all of the following:
10            (1)   The employer to terminate the employment of each
11      unauthorized employee.
12            (2)   The employer to a three-year probationary period for
13      each business location where an unauthorized employee
14      performed work. During the probationary period, the employer:
15                  (i)    shall file quarterly reports with the department
16            of each new employee who is hired by the employer at the
17            business location where the unauthorized employee
18            performed work; and
19                  (ii)    may not knowingly employ an unauthorized
20            employee.
21            (3)   The employer, within five business days, to verify
22      in writing to the department that the employer has terminated
23      the employment of each unauthorized employee in this
24      Commonwealth.
25            (4)   Agencies to suspend each license that is held by the
26      employer if the employer fails to timely submit the
27      verification. The following apply:
28                  (i)    Each license that is suspended under this
29            paragraph shall remain suspended until the employer
30            complies.

20250HB0903PN0944                       - 8 -
 1                  (ii)    Each license shall be reinstated immediately by
 2            the appropriate agency upon filing the verification under
 3            paragraph (3).
 4                  (iii)   A license that is subject to suspension under
 5            this paragraph shall include each license that is held by
 6            the employer specific to the business location where an
 7            unauthorized employee performed work. If the employer
 8            does not hold a license specific to the business location
 9            where an unauthorized employee performed work, the court
10            shall order suspension of each license that is held by
11            the employer pertaining to operations anywhere within
12            this Commonwealth.
13      (b)   Duration.--
14            (1)   For a second violation of section 3(a), the court
15      may order the agency to suspend each license described under
16      subsection (a)(4) that is held by the employer for a period
17      not to exceed 30 business days.
18            (2)   For a subsequent violation of section 3(a) or a
19      violation occurring during a three-year probationary period
20      under subsection (a)(2), the court shall order suspension for
21      a term not less than one year up to the permanent revocation
22      of each license.
23      (c)   Factors.--In determining whether to order suspension or
24   the duration of a suspension, the court shall consider the
25   following factors:
26            (1)   The number of unauthorized employees employed by the
27      employer.
28            (2)   Any prior misconduct by the employer.
29            (3)   The degree of harm resulting from the violation.
30            (4)   Whether the employer made good faith efforts to

20250HB0903PN0944                       - 9 -
 1      comply with any applicable requirements.
 2            (5)   The duration of the violation.
 3            (6)   The role of the directors, officers or principals of
 4      the employer in the violation.
 5            (7)   Any other factor that the court deems appropriate.
 6      (d)   Suspension and reinstatement fees.--Nothing in this act
 7   shall prohibit an agency from charging an applicable fee for the
 8   suspension or reinstatement of a license.
 9   Section 6.     Protection from retaliation.
10      (a)   Prohibited conduct.--It shall be unlawful for an
11   employer to discharge, threaten or otherwise retaliate or
12   discriminate against an employee regarding compensation or other
13   terms or conditions of employment because the employee:
14            (1)   participates in an investigation, hearing or inquiry
15      held by the Secretary of Labor and Industry or any other
16      governmental authority under this act; or
17            (2)   reports or makes a complaint regarding the violation
18      of this act to an employer or governmental authority.
19      (b)   Actions.--
20            (1)   An employee who suffers retaliation or
21      discrimination in violation of this section may bring an
22      action in a court of common pleas in accordance with
23      established civil procedures of this Commonwealth.
24            (2)   The action under paragraph (1) must be brought
25      within three years from the date the employee knew of the
26      retaliation or discrimination.
27      (c)   Relief.--If an employee prevails in an action commenced
28   under this section, the employee shall be entitled to the
29   following relief:
30            (1)   Reinstatement of the employee, if applicable.

20250HB0903PN0944                    - 10 -
 1            (2)   Restitution equal to three times the amount of the
 2      employee's wages and fringe benefits calculated from the date
 3      of the retaliation or discrimination.
 4            (3)   Reasonable attorney fees and costs of the action.
 5            (4)   Any other legal and equitable relief as the court
 6      deems appropriate.
 7   Section 7.     Immunity.
 8      An employer that relies in good faith on the E-Verify program
 9   to verify employment eligibility of new employees under this act
10   shall have no liability to an individual who is not hired or who
11   is discharged from employment if incorrect information has been
12   provided to the employer.
13   Section 8.     Required information.
14      (a)   Duty of employer.--Upon hiring an employee, an employer
15   shall provide to the employee information on the following:
16            (1)   The limitations on employment of minors under the
17      act of October 24, 2012 (P.L.1209, No.151), known as the
18      Child Labor Act, including the occupational restrictions for
19      minors.
20            (2)   The prohibitions on hiring an individual who does
21      not have the legal right or authorization under Federal law
22      to work in the United States, in accordance with 8 U.S.C. §
23      1324a (relating to unlawful employment of aliens).
24      (b)   Duty of department.--The department may enforce the
25   provisions of subsection (a).
26      (c)   Penalties.--
27            (1)   If the department determines that an employer has
28      violated the requirements of subsection (a), the department
29      shall issue a written warning to the employer.
30            (2)   If an employer fails to comply with the requirements

20250HB0903PN0944                    - 11 -
1      of subsection (a) within 90 days of receiving the warning
2      under paragraph (1), the employer commits a second violation
3      and may be subject to a penalty of not more than $250.
4   Section 9.   Effective date.
5      This act shall take effect in one year.




20250HB0903PN0944                  - 12 -