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California State Capitol on March 11, 2022. (Photo: Kevin Sanders for California Globe).

California Employment Verification Systems

An employer is not prohibited from utilizing the federal E-Verify system

By Chris Micheli, May 11, 2023 3:31 am

Labor Code Division 3, Chapter 2, Article 2.5 was added in 2011 by Chapter 691. Article 2.5 is titled “Electronic Employment Verification Systems.” Labor Code Section 2811 is known as the Employment Acceleration Act of 2011.

Section 2812 provides that neither the state nor a city, county, city and county, or special district can require an employer to use an electronic employment verification system, including under specified circumstances.

Section 2813 provides definitions for the following terms: “electronic employment verification system” and “employer.” Section 2814 makes it unlawful for an employer, or any other person or entity to use the federal electronic employment verification system known as E-Verify to check the employment authorization status of an existing employee or an applicant who has not been offered employment at a time or in a manner not required.

In addition, an employer is not prohibited from utilizing the federal E-Verify system, in accordance with federal law, to check the employment authorization status of a person who has been offered employment. The employer is required to comply with the required employee notification procedures under any memorandum of understanding governing the use of the federal E-Verify system.

The employer is required to furnish to the employee any notification issued by the Social Security Administration or the United States Department of Homeland Security containing information specific to the employee’s E-Verify case or any tentative nonconfirmation notice.

An employer who violates this section is liable for a civil penalty not to exceed $10,000 for each violation of this section. Each unlawful use of the E-Verify system on an employee or applicant constitutes a separate violation.

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