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 existing employee or an applicant who has not received an offer of employment, 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 2814 is added to the Labor Code, to read:
(a) (1) Except as required by federal
begin delete law,end delete 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 an existing employee or an
7applicant who has not been offered employment at a time or in a
8manner not required under subsection (b) of Section 1324a of Title
98 of the United States
begin delete Code,end delete or not authorized under any
10 memorandum of understanding governing the use
11of a federal electronic employment verification system.
12(2) Nothing in this section shall prohibit an employer from
begin delete an employment verificationend delete system,
14in accordance with federal law, to check the employment
15authorization status of a person who has been offered employment.
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
P3 1Administration or the United States Department of Homeland
2Security, which indicates the information entered in E-Verify did
3not match federal records, the employer shall comply with the
4required employee notification procedures under any memorandum
5of understanding governing the use of the federal E-Verify system.
6The employer shall furnish to the employee any notification issued
7by the Social Security Administration or the United States
8Department of Homeland Security containing information specific
9to the employee’s E-Verify case or any tentative nonconfirmation
10notice. The notification shall be furnished
begin delete promptly but not exceed
11the timeframe provided in the Referral Date Confirmation notice,
12which is generated by E-Verify after an employee chooses to
13contest the tentative nonconfirmation notice.end delete
15(c) In addition to other remedies available, an employer who
16violates this section is liable for a civil penalty not to exceed ten
17thousand dollars ($10,000) for each violation of this section. Each
18unlawful use of the E-Verify system on an employee or applicant
19constitutes a separate violation.
20(d) This section is intended to prevent discrimination in
21employment rather than to sanction the potential hiring and
22 employment of persons who are not authorized for employment
23under federal law.