Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 622

Introduced by Assembly Member Roger Hernández

February 24, 2015

An act begin insert to add Section 2814 to the Labor Code, end insert relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 622, as amended, Roger Hernández. Employment: E-Verify begin delete Program. end delete begin insert system: unlawful business practices. end insert

The federal E-Verify begin delete Program, end delete begin insert system, end insert administered by the United States Citizenship and Immigration Services, the United States Department of Homeland Security, and the United States Social Security Administration, enables participating employers to use the begin delete program, end delete begin insert system, end insert on a voluntary basis, to verify that the employees they hire are authorized to work in the United States.

Existing law prohibits the state, or a city, county, city and county, or special district, from requiring an employer, other than one of those government entities, to use an electronic employment verification system, including begin delete the E-Verify Program, end delete begin insert E-Verify, end insert except when required by federal law or as a condition of receiving federal funds. Existing law prohibits an employer or any other person or entity from engaging in unfair immigration-related practices, as defined, against any person for the purpose of retaliating against begin delete any end delete begin insert the end insert person for exercising specified rights.

This bill would begin delete state the intent of the Legislature to enact legislation that would prohibit employers or employment agencies, except as required by federal law or as a condition of receiving federal funds, from using the E-Verify Program for any applicant for employment, and that would end delete expand the definition of an unlawful employment practice to prohibit an employer or begin delete employment agency’s use of any electronic employment verification system on an applicant. end delete begin insert any other person or entity from using the E-Verify system to check the employment authorization status of an employee or applicant, as specified, except as required by federal law or as a condition of receiving federal funds. The bill would also require an employer that uses the E-Verify system to provide to the affected 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 bill would provide for a civil penalty of $10,000 for an employer for each violation of these provisions. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2814 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 2814. end insert   

(a) 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 employee or applicant 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 memorandum of understanding governing the use of a federal
electronic employment verification system.

(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 within the timeframe provided in the Referral Date
Confirmation notice, which is generated by E-Verify after an
employee decides to contest the tentative nonconfirmation notice.

(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.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that would prohibit employers or employment agencies,
except as required by federal law or as a condition of receiving
federal funds, from using the E-Verify Program for any applicant
for employment, and that would expand the definition of an
unlawful employment practice to prohibit an employer or
employment agency’s use of any electronic employment
verification system on an applicant.

end delete