Amended in Assembly April 27, 2015

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

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(Coauthor: Senator Hall)

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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 anbegin insert existingend insert employee orbegin delete applicant, as specified,end deletebegin insert an applicant who has not received an offer of employment,end insert 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:

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SECTION 1.  

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

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2814.  

(a) begin insert(1)end insertbegin insertend insertExcept as required by federal law, or as a
3condition of receiving federal funds, it shall be unlawful for an
4employer, or any other person or entity to use the federal electronic
5employment verification system known as E-Verify to check the
6employment authorization status of anbegin insert existingend insert employee orbegin insert anend insert
7 applicantbegin insert who has not been offered employmentend insert at a time or in a
8manner not required under subsection (b) of Section 1324a of Title
98 of the United States Code, or not authorized under any
10memorandum of understanding governing the use of a federal
11electronic employment verification system.

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12(2) Nothing in this section shall prohibit an employer from
13utilizing an employment verification system, in accordance with
14federal law, to check the employment authorization status of a
15person who has been offered employment.

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16(b) Upon using the federal E-Verify system to check the
17employment authorization status of a person, if the employer
18receives a tentative nonconfirmation issued by the Social Security
19Administration or the United States Department of Homeland
20Security, which indicates the information entered in E-Verify did
21not match federal records, the employer shall comply with the
22required employee notification procedures under any memorandum
P3    1of understanding governing the use of the federal E-Verify system.
2The employer shall furnish to the employee any notification issued
3by the Social Security Administration or the United States
4Department of Homeland Security containing information specific
5to the employee’s E-Verify case or any tentative nonconfirmation
6notice. The notification shall be furnished promptly but not exceed
7the timeframe provided in the Referral Date Confirmation notice,
8which is generated by E-Verify after an employee chooses to
9contest the tentative nonconfirmation notice.

10(c) In addition to other remedies available, an employer who
11violates this section is liable for a civil penalty not to exceed ten
12thousand dollars ($10,000) for each violation of this section. Each
13unlawful use of the E-Verify system on an employee or applicant
14constitutes a separate violation.

15(d) This section is intended to prevent discrimination in
16employment rather than to sanction the potential hiring and
17 employment of persons who are not authorized for employment
18under federal law.



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