Missouri § 285.535 - Attorney general to enforce — investigation — injunctions — violations, penalties.

§ 285.535. Attorney general to enforce — investigation — injunctions — violations, penalties.

1.  The attorney general shall enforce the requirements of sections 285.525 to 285.555.

2.  The attorney general may investigate alleged or suspected violations of sections 285.500 to 285.515 and shall have all powers provided by sections 407.040 to 407.090, in connection with any investigation of an alleged or suspected violation of sections 285.525 to 285.555.  Any complaint made against an employer under sections 285.525 to 285.555 shall be accompanied by a sworn affidavit made under penalty of perjury.

3.  In any action brought under this section, the state shall have the burden of proving by a preponderance of the evidence that the employer knowingly employed, hired for employment, or continued to employ an unauthorized alien to perform work within the state of Missouri.  An employer that participates in a federal work authorization program shall have an affirmative defense that such employer has not violated sections 285.525 to 285.555.

4.  Whenever the attorney general has reason to believe that an employer is engaging in any conduct that would be a violation of sections 285.525 to 285.555, the attorney general may seek an injunction prohibiting the employer from engaging in such conduct and seek monetary damages in the amount equal to ten times the amount of wages paid by the employer to any unauthorized alien workers during the time in which such unlawful employment is alleged to have occurred.  The attorney general may also seek an injunction to suspend and the court shall have the power to suspend any applicable license, permit, or exemption issued under state law by a state agency of any business entity in connection with this matter including, but not limited to, those administered by the secretary of state or the department of revenue.  The attorney general may bring an action for injunctive and monetary relief in the circuit court of any county where the alleged violation is occurring or about to occur, or in the Cole County circuit court.

5.  If a court determines that an employer has knowingly hired an unauthorized alien, the court shall enter a judgment in favor of the state and award penalties in an amount consistent with the prayer for relief in the petition.  The attorney general may enter into a consent judgment with any person alleged to have violated sections 285.525 to 285.555.  The court and the attorney general shall also have the power to direct the applicable municipal or county governing body to suspend any applicable license, permit, or exemptions of any employer or person found to have violated sections 285.525 to 285.555 in connection with any such judgment or consent judgment entered under this subsection.

6.  Any employer that reports an alleged violation of sections 285.525 to 285.555 to the attorney general shall not be subject to any liability under sections 285.525 to 285.555.

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(L. 2008 H.B. 1549, et al., A.L. 2026 H.B. 2366 & 2511)

---- end of effective  28 Aug 2026 ----

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