Added by Stats. 2011, Ch. 691, Sec. 2. (AB 1236) Effective January 1, 2012.
This article shall be known and may be cited as the Employment Acceleration Act of 2011.
Article 2.5 - Electronic Employment Verification Systems
California Labor Code — §§ 2811-2814
Sections (4)
Added by Stats. 2011, Ch. 691, Sec. 2. (AB 1236) Effective January 1, 2012.
Except as required by federal law, or as a condition of receiving federal funds, neither the state nor a city, county, city and county, or special district shall require an employer to use an electronic employment verification system, including under the following circumstances:
(a)As a condition of receiving a government contract.
(b)As a condition of applying for or maintaining a business license.
(c)As a penalty for violating licensing or other similar laws.
Added by Stats. 2011, Ch. 691, Sec. 2. (AB 1236) Effective January 1, 2012.
For purposes of this article, the following terms have the following meanings:
(a)“Electronic employment verification system” means an employment verification system that allows employers to electronically verify workers’ employment authorization with the federal government. This includes the Basic Pilot Program, enacted by Section 404 of Public Law 104-208 and renamed in 2007 as the E-Verify Program, and other pilot programs for electronic employment eligibility confirmation. The term “electronic employment verification system” does not include the I-9 Employment Eligibility Verification form or any other employment eligibility systems that are required by federal law.
(b)“Employer” means an employer other than the state, or a city, county, city and county, or special district.
Added by Stats. 2015, Ch. 696, Sec. 1. (AB 622) Effective January 1, 2016.
(a)(1) Except as required by federal law or as a condition of receiving federal funds, it shall be 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 under subsection (b) of Section 1324a of Title 8 of the United States
Code or not authorized under any federal agency memorandum of understanding governing the use of a federal electronic employment verification system.
(2)Nothing in this section shall prohibit an employer 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.
(b)Upon using the federal E-Verify system to check the employment authorization status
of a person, if the employer receives a tentative nonconfirmation issued by the Social Security Administration or the United States Department of Homeland Security, which indicates the information entered in E-Verify did not match federal records, the employer shall comply with the required employee notification procedures under any memorandum of understanding governing the use of the federal E-Verify system. The employer shall 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. The notification shall be furnished
as soon as practicable.
(c)In addition to other remedies available, an employer who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($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.
(d)This section is intended to prevent discrimination in employment rather than to sanction the potential hiring and
employment of persons who are not authorized for employment under federal law.