E-Verify - California

Summary of differences between federal and state regulations

Federal contractors who receive qualifying contracts on or after September 8, 2009, must participate in the E-Verify Program, using it to verify new employees and existing employees assigned to a federal contract (qualifying federal contractors may choose to verify the entire workforce).

California currently has no laws requiring employers to use E-Verify. In fact, California law prohibits the state and any of its cities, countries, or special districts from requiring an employer (other than a government entity) to use E-Verify as a condition of receiving a government contract, applying or maintaining a business license, or as a penalty for violating licensing or other similar laws. California employers may use the E-Verify system voluntarily or as required by federal contracts.

California law (Labor Code §2814) makes it unlawful for an employer to use E-Verify to check the employment authorization status of an existing employee or of an applicant who has not been offered employment (unless required to do so by a federal law or federal agency memorandum of understanding).

Further, employers that do use E-Verify must provide affected employees with any notification issued by the Social Security Administration or the U.S. Department of Homeland Security containing information specific to the employee's E-Verify case or any tentative nonconfirmation notice (this requirement aligns with the required federal notification procedures in the E-Verify Memorandum of Understanding). Violations of the provisions outlined in California Labor Code §2814 could come with a civil penalty of up to $10,000 per violation.

State

Contacts

None.

Regulations

California Employment Acceleration Act of 2011

California Labor Code §2814

Federal

Contact

United States Citizenship and Immigration Services

Regulations

8 CFR Part 274a