Amended in Assembly April 15, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 622


Introduced by Assembly Member Roger Hernández

February 24, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

AB 622, as amended, Roger Hernández. Employment: E-Verify system: unlawful business practices.

The federal E-Verify system, 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 system, 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 E-Verify, 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 the person for exercising specified rights.

This bill would expand the definition of an unlawful employment practice to prohibit an employer or 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.begin insert The bill would include a statement of intent.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 2814 is added to the Labor Code, to read:

2

2814.  

(a) Except as required by federal law, or as a condition
3of receiving federal funds, it shall be unlawful for an employer,
4or any other person or entity to use the federal electronic
5employment verification system known as E-Verify to check the
6employment authorization status of an employee or applicant at a
7time or in a manner not required under subsection (b) of Section
81324a of Title 8 of the United States Code, or not authorized under
9any memorandum of understanding governing the use of a federal
10electronic employment verification system.

11(b) Upon using the federal E-Verify system to check the
12employment authorization status of a person, if the employer
13receives a tentative nonconfirmation issued by the Social Security
14Administration or the United States Department of Homeland
15Security, which indicates the information entered in E-Verify did
16not match federal records, the employer shall comply with the
17required employee notification procedures under any memorandum
18of understanding governing the use of the federal E-Verify system.
19The employer shall furnish to the employee any notification issued
20by the Social Security Administration or the United States
21Department of Homeland Security containing information specific
22to the employee’s E-Verify case or any tentative nonconfirmation
23begin delete notice within theend deletebegin insert notice. The notification shall be furnished
24promptly but not exceed theend insert
timeframe provided in the Referral
25Date Confirmation notice, which is generated by E-Verify after
P3    1an employeebegin delete decidesend deletebegin insert choosesend insert to contest the tentative
2nonconfirmation notice.

3(c) In addition to other remedies available, an employer who
4violates this section is liable for a civil penalty not to exceed ten
5thousand dollars ($10,000) for each violation of this section. Each
6unlawful use of the E-Verify system on an employee or applicant
7constitutes a separate violation.

begin insert

8(d) This section is intended to prevent discrimination in
9employment rather than to sanction the potential hiring and
10 employment of persons who are not authorized for employment
11under federal law.

end insert


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