Worker Without Authorization Clause Samples
The 'Worker Without Authorization' clause defines the consequences and procedures if an individual performs work without the necessary legal or contractual authorization. Typically, this clause applies to situations where a worker lacks required permits, licenses, or approvals to carry out their duties, and it may specify remedies such as termination of employment, withholding of payment, or liability for damages. Its core function is to protect the employer or contracting party from legal or regulatory risks associated with unauthorized labor, ensuring compliance and mitigating potential penalties.
Worker Without Authorization. As required by C.R.S. § 8-17.5-102, the Contractor certifies and agrees as follows:
(1) The Contractor shall not knowingly employ or contract with a worker without authorization (a non-legal resident of the United States) to perform work under this Agreement.
(2) The Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement.
(3) The Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the employment verification (“e-verify”) program administered by the United States Department of Homeland Security and the Social Security Administration, or the employment verification program operated by the Colorado Department of Labor and Employment (“Department”).
(4) The Contractor shall not use the e-verify or Department programs to undertake preemployment screening of job applicants while this Agreement is being performed.
(5) If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, then the Contractor shall: (a) notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; and (b) terminate the subcontract with the subcontractor if within three days of receiving the notice the subcontractor does not stop employing or contracting with a worker without authorization; except that Contractor shall not terminate the subcontract if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization.
(6) The Contractor shall comply with any reasonable request by the Department made in the course of an investigation that the Department is undertaking pursuant to the authority established by C.R.S. § 8-17.5-101(5).
(7) If the Contractor violates any of the provisions of this section 5.Q. the County may immediately terminate this Agreement effective upon the receipt by Contractor of written notice of termination from the County, and the Contractor shall be liable for actual and consequential damages to the County.
(8) Compliance with this subse...
Worker Without Authorization. Contractor shall comply with the statutory provisions prohibiting employment of workers without authorization, as set forth on Exhibit B, attached hereto and incorporated herein by such reference.
Worker Without Authorization. A. Paragraph 26.A of this Agreement shall only apply to DENVER. This Agreement is subject to Division 5 of Article IV of Chapter 20 of the DENVER Revised Municipal Code, and any amendments (the "Certification Ordinance").
B. PARTIES agree that any public contract for services executed as a result of this intergovernmental agreement shall prohibit the employment of workers without authorization in compliance with §8-17.5-101 C.R.S. et seq. The following language shall be included in any contract for public services:
1. At the time of execution of this Agreement, CONTRACTOR does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement.
2. CONTRACTOR shall participate in the E-Verify Program, as defined in § 8 17.5- 101(3.7), C.R.S., to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement.
3. CONTRACTOR shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement.
4. CONTRACTOR shall not enter into a contractor with a subconsultant or subcontractor that fails to certify to CONTRACTOR that it shall not knowingly employ or contact with a worker without authorization to perform work under this Agreement.
5. CONTRACTOR shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in the E-Verify Program.
Worker Without Authorization