Reporting the Use of Undocumented Workers in Missouri
November 8, 2007
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2007
Anyone – including disgruntled employees and business competitors – may now go online and anonymously report Missouri employers who are using undocumented workers, who fail to carry workers’ compensation or who misclassify employees as independent contractors, under a new initiative launched by Missouri Attorney General Jay Nixon (D) on October 15, 2007.
Online Complaint Form – The Missouri Attorney General "is asking Missourians with information about an employer engaging in improper activity" to spend five to ten minutes to complete an Employer Workforce Accountability Complaint Form. Persons who submit a complaint may remain anonymous.
Questions on Complaint Form – In addition to asking for the name of the business, the address, and contact information for the employer, the complaint form asks the following questions:
- How many employees work for the employer?
- Does the employer withhold payroll taxes?
- Is the employer misclassifying employees as independent contractors?
- Does the employer have worker’s compensation in the event of an injury?
- Describe the work being performed by the employer (including the location of the activity and involvement of any general contractors or subcontractors).
- Is the work currently ongoing?
- How many undocumented workers are employed?
- Describe the work being performed by the undocumented workers (including the location and dates of the activity).
- Is the employer involved in a project involving public funds? If yes, list the government entities involved in providing funding.
Investigation – The Missouri Attorney General’s Office will review the information contained in submitted complaint forms; forward them to the appropriate local, state or federal agency; and “provide appropriate assistance as needed to that agency to ensure that violators are held responsible.”
Bottom Line – The Missouri Attorney General has stated that the new, online complaint form will make it "easier for Missourians to report employers who try to take unfair and illegal advantages, both of their employees and of their business competitors who play by the rules," and that such "conduct drives wages down, harms law-abiding Missouri businesses, and places a greater burden on local and state taxpayers."
Stinson Morrison Hecker LLP is one of the country's largest law firms with more than 360 attorneys in more than 45-industry-focused areas. If you would like more information regarding this summary, please contact one of our Employment & Labor Law and Employee Benefits attorneys.
Law at Work is designed to give general information and is not intended to be a comprehensive summary or to treat exhaustively the subjects and matters covered. The information appearing herein does not constitute legal advice or opinions. Such advice and opinions are provided only upon engagement with respect to specific factual situations. Nothing contained herein shall be considered as an admission in any matter or controversy.
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