New California Law Limits Misuse of E-Verify by Employers

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Written By ESR News Blog Editor Thomas Ahearn

California Governor Jerry Brown has signed Assembly Bill (AB) 622 which takes effect on January 1, 2016 and will limit the misuse of the E-Verify employment eligibility verification system by prohibiting employers from using E-Verify in a manner not prescribed by federal law.

Authored by Assemblymember Roger Hernández (D-West Covina), AB 622 provides for a civil penalty of up to $10,000 for each violation of the law, clarifies the “tentative non-confirmation” (TNC) notification process, and creates grounds to stop employers from verifying workers.

“Under federal regulations, E-Verify should not be used on job applicants and existing workers yet there are virtually no accountability measures or penalties in place for unscrupulous employers who abuse E-Verify,” Hernández stated in a press release about AB 622.

E-Verify issues a TNC notice if federal government databases cannot immediately confirm a worker is eligible for employment. TNC rates are high for employment-authorized immigrant workers who then may face adverse actions by employers, according to the press release.

E-Verify is an Internet-based system that compares information from the Form I-9, Employment Eligibility Verification filled out by workers to data from U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) records to confirm employment eligibility.

According to the U.S. Citizenship and Immigration Services (USCIS) – which oversees lawful immigration to the United States – E-Verify is used by 600,000 U.S. employers at 1.9 million hiring sites. The full text of AB 622 is available at http://www.esrcheck.com/file/CA-AB622.pdf.

ESR Is A Designated E-Verify Agent

Employment Screening Resources® (ESR) – ‘The Background Check Authority®’ – is a Designated E-Verify Employer Agent that helps employers with E-Verify and Form I-9 compliance. For more information, call toll free 888.999.4474 or visit http://www.esrcheck.com/.

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