While several U.S. states have passed laws requiring use of the electronic employment eligibility verification system known as E-Verify, California Governor Jerry Brown recently signed the Employment Acceleration Act of 2011 (A.B. 1236) that opposes E-Verify mandates and prohibits – except as required by federal law or as a condition of receiving federal funds – cities, counties, and special districts in California from requiring employers to use an electronic employment eligibility verification system such as E-Verify. To read the Employment Acceleration Act of 2011, visit: http://leginfo.ca.gov/pub/11-12/bill/asm/ab_1201-1250/ab_1236_bill_20110909_enrolled.pdf.
Introduced by Assembly Member Paul Fong (D-Mountain View), AB 1236 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 except when required by federal law or as a condition of receiving federal funds.” Congress established E-Verify – a free and voluntary web-based system that allows U.S. employers to verify the work authorization of newly hired employees by checking information on the Employment Eligibility Verification Form I-9 with Department of Homeland Security (DHS) and the Social Security Administration (SSA) databases – in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996.
AB 1236, the Employment Acceleration Act of 2011, adds Article 2.5 (commencing with Section 2811) to Chapter 2 of Division 3 of the Labor Code, relating to employment:
Article 2.5. Electronic Employment Verification Systems
2811. This article shall be known and may be cited as the Employment Acceleration Act of 2011.
2812. Except as required by federal law, or as a condition of receiving federal funds, neither the state nor a city, county, city and county, or special district shall require an employer to use an electronic employment verification system, including under the following circumstances:
(a) As a condition of receiving a government contract.
(b) As a condition of applying for or maintaining a business license.
(c) As a penalty for violating licensing or other similar laws.
2813. For purposes of this article, the following terms have the following meanings:
(a) “Electronic employment verification system” means an employment verification system that allows employers to electronically verify workers’ employment authorization with the federal government. This includes the Basic Pilot Program, enacted by Section 404 of Public Law 104-208 and renamed in 2007 as the E-Verify Program, and other pilot programs for electronic employment eligibility confirmation. The term “electronic employment verification system” does not include the I-9 Employment Eligibility Verification form or any other employment eligibility systems that are required by federal law.
(b) “Employer” means an employer other than the state, or a city, county, city and county, or special district.
To read the Employment Acceleration Act of 2011 (AB 1236), visit: http://leginfo.ca.gov/pub/11-12/bill/asm/ab_1201-1250/ab_1236_bill_20110909_enrolled.pdf.
For more information about E-Verify, visit Employment Screening Resources (ESR) – a nationwide background check company accredited by the National Association of Professional Background Screeners (NAPBS) and Designated E-Verify Employer Agent – at https://www.esrcheck.com/formi9.php.
About Employment Screening Resources (ESR):
Employment Screening Resources (ESR) literally wrote the book on background screening with “The Safe Hiring Manual” by ESR founder and CEO Lester Rosen. ESR streamlines the screening process and reduces administrative overhead though its proprietary technology solutions. ESR is accredited by The National Association of Professional Background Screeners (NAPBS®), a distinction held by less than two percent of all screening firms. This important recognition was achieved by successfully passing a third party audit demonstrating compliance with the NAPBS Background Screening Agency Accreditation Program. By choosing an accredited screening firm like ESR, employers know they have selected an agency that meets the highest industry standards. For more information about ESR, visit https://www.esrcheck.com.