Indiana’s FAIRNESS Act — formally Senate Enrolled Act 76 — will take effect on July 1, 2026, bringing major new compliance obligations for employers across the state. The law focuses on preventing the employment of undocumented workers and introduces significant new enforcement mechanisms and penalties for employment-eligibility violations.

What the Act Prohibits

Specifically, the FAIRNESS Act makes it unlawful for employers to knowingly or intentionally recruit, hire, or continue to employ individuals without legal work authorization. The law does not apply retroactively — it only covers conduct occurring on or after July 1, 2026.

Enforcement and Penalties

The FAIRNESS Act provides the Indiana Attorney General’s Office with the authority to investigate employers suspected of violations, issue civil investigative demands (similar to subpoenas), and file civil actions seeking injunctive relief. If a court finds a violation by a preponderance of the evidence, the penalties which a court may exact are graduated:

• First-time single violation: Five-business-day suspension of operating authorizations (e.g., licenses, permits, registrations) at the violation location, which may result in a complete shutdown at that site or other significant operational disruptions
• Multiple first-time violations: 10-business-day suspension
• Repeat violations: 180-day suspension
• Egregious repeat offenders: Permanent revocation of all operating authorizations statewide

Courts may also place...

Read Full Story: https://news.google.com/rss/articles/CBMikAFBVV95cUxPNmxKemowSWZDRE1PNmJ0NllZ...