BILL NUMBER: AB 622	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

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.  The bill would include a
statement of intent. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2814 is added to the Labor Code, to read:
   2814.  (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
  notice. The notification shall be furnished promptly
but not exceed the  timeframe provided in the Referral Date
Confirmation notice, which is generated by E-Verify after an employee
 decides   chooses  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. 
   (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.