(a) Complaints.--A complaint about a violation of section 3(a)¹ may be submitted to the department. The department shall have the authority to investigate complaints under this act. Pursuant to an investigation of a complaint, the department may:

(b) Form.--The department shall prescribe a complaint form for an individual to allege a violation of section 3(a). An individual who knowingly provides materially false information in a complaint form under this subsection shall be subject to punishment under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

(c) Duty to investigate.--Upon receipt of a complaint on a prescribed complaint form alleging that an employer knowingly employs an unauthorized employee, the department shall investigate whether the employer has violated section 3(a) if all the information required to complete the form has been provided, including the name of the person filing the complaint.

(d) Authority to investigate.--The department may investigate a complaint that is not submitted on a prescribed complaint form, including an anonymous complaint.

(e) Prohibition.--The department may not investigate a complaint that is based solely on race, color or national origin.

(f) Verification.--If investigating a complaint, the department shall verify the work authorization of the alleged unauthorized employee with the Federal Government under section 642(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208, 8 U.S.C. § 1373(c)). A Commonwealth or local official may not attempt to independently make a final determination on whether an unauthorized employee is authorized to work in the United States.

(g) Notification and action.--If, after an investigation, the department determines that the alleged employee is an unauthorized employee, the department shall do all of the following:

(h) Expedited action.--Upon docketing, the court shall expedite the action, including assigning the hearing at the earliest practicable date.

(i) Determination.--In determining whether an employee is an unauthorized employee, the court shall consider only the Federal Government's determination under section 642(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The Federal Government's determination shall create a rebuttable presumption of the employee's status. The court may take judicial notice of the Federal Government's determination and may request the Federal Government to provide automated or testimonial verification under section 642(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

(j) Rebuttable presumption.--Proof that the employer verified the employment authorization of an employee through the E-Verify program shall create a rebuttable presumption that an employer did not knowingly employ an unauthorized employee.

(k) Affirmative defense.--For the purposes of this section, it shall be an affirmative defense if the employer demonstrates that it has complied in good faith with section 274A(b) of the Immigration and Nationality Act (66 Stat. 163, 8 U.S.C. § 1324a(b)). An employer shall be considered to have complied with section 274A(b) of the Immigration and Nationality Act, notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if the employer establishes a good faith attempt to comply with section 274A(b) of the Immigration and Nationality Act.