California Bucks the E-Verify Trend
While the Federal Government and many State Governments are passing laws that require E-Verify use by employers, California is, as usual, a little different.
Governor Jerry Brown signed “The Employment Acceleration Act of 2011” into law this week, which prohibits state and local governments in California from passing local mandates that require employers use the E-Verify program to electronically verify the employment eligibility of newly hired employees.
The act prohibits the use of E-Verify:
- As a condition of receiving a state or local government contract;
- As a condition of applying for or maintaining a business license; or
- As a penalty for violation of other laws.
However, the act does NOT override employer requirements to verify the employment eligibility of employees through EVerify, if their participation is required by federal law or as a condition of receiving federal funds or contracts.
California employers are still required to comply with the federal Employment Eligibility Verification (Form I-9) process, ensuring that they complete and maintain a Form I-9 for all employees.