Bill Text: CA AB622 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Employment: E-Verify system: unlawful business practices.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-10-09 - Chaptered by Secretary of State - Chapter 696, Statutes of 2015. [AB622 Detail]

Download: California-2015-AB622-Chaptered.html

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BILL NUMBER: AB 622	CHAPTERED
	BILL TEXT

	CHAPTER  696
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2015
	APPROVED BY GOVERNOR  OCTOBER 9, 2015
	PASSED THE SENATE  SEPTEMBER 2, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2015
	AMENDED IN SENATE  JUNE 18, 2015
	AMENDED IN ASSEMBLY  APRIL 27, 2015
	AMENDED IN ASSEMBLY  APRIL 15, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Roger Hernández
   (Coauthor: Senator Hall)

                        FEBRUARY 24, 2015

   An act to add Section 2814 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 622, 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 at a time or in a manner not required by a
specified federal law or not authorized by a federal agency
memorandum of understanding 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.


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) (1) 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 existing employee or an applicant who has
not been offered employment 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 federal agency memorandum of
understanding governing the use of a federal electronic employment
verification system.
   (2) Nothing in this section shall prohibit an employer from
utilizing the federal E-Verify system, in accordance with federal
law, to check the employment authorization status of a person who has
been offered employment.
   (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. The notification shall
be furnished as soon as practicable.
   (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.