New California law aims to curtail E-Verify abuse

AB 622 will prohibit employers from using E-Verify to determine if current or potential employees are authorized to work in the U.S. when doing so is not required by federal law, approved by a federal agency or necessary to receive federal funding.

Under the law, E-Verify—the federal Internet-based system used to confirm employment eligibility—can still be used to check the status of new hires.

AB 622, which was signed into law by Gov. Jerry Brown on Oct. 9, also requires employers that do use E-Verify to provide any notifications resulting from the system’s use containing information specific to an employee’s E-Verify case or any tentative nonconfirmation notice (TNC). A TNC means that the Social Security Administration and/or the U.S. Department of Homeland Security could not confirm an employee’s information matches government records. It does not mean an employee is unauthorized to work, nor does it mean they are an illegal immigrant, as there are legitimate reasons as to why an employee may receive a TNC.

Employers could face a civil penalty of $10,000 for each violation of the law.

The full text of the law can be found here.

Source: California Legislative Information, 10/9/2015

 Posted: November 4, 2015