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If you are a California employer, you need to know a new law that took effect on January 1 that relates to the use of E-Verify. California employers may face civil penalties up to $10,000 for misusing the federal E-Verify system.

The new law states that it is unlawful for an employer to use E-Verify to check whether or not an applicant is authorized to work in the United States that has not received an offer of employment.  It also stipulates that existing employees cannot be run through E-Verify, unless required by federal law, or as a condition of receiving federal funds.

This new law makes it more difficult for some employers in California to comply with federal and state laws relating to workers’ employment eligibility.  California does not mandate the use of E-Verify, and it is unlawful for state, city or county government to require an employer to use E-Verify, however, there are states that do mandate this for all employers.  There are those employers that are required by federal law to use the E-Verify system, so these companies and businesses fall under different rules.

This new law is aimed at the aforementioned companies, those that are not mandated by federal law to do so, or are required to do so due to the receipt of federal funding.

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