Understanding E-Verify in California

It's crucial to stay informed about the ever-changing regulations surrounding employment eligibility verification. One important aspect to understand is the use of E-Verify, an online system that helps determine an individual's legal right to work in the United States. In this blog, we will explore what E-Verify is, how it is used by employers in California, and the implications of recent changes to E-Verify regulations in the state.

What is E-Verify?

E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). Its primary purpose is to verify the employment eligibility of newly hired employees. By comparing the information provided on an employee's Form I-9 with the records held by DHS and SSA, E-Verify helps employers ensure that their workforce is legally authorized to work in the United States.

E-Verify in California:

Employers in California have been subject to specific regulations regarding the use of E-Verify. However, recent changes have brought about significant modifications to its implementation within the state. As of the passage of California Assembly Bill 622, employers are prohibited from using E-Verify to check the legality status of current employees. Instead, E-Verify can only be used to verify the eligibility of individuals who have received a job offer.

Implications for Employers:

The new law in California aims to protect employees from potential discrimination and privacy violations associated with E-Verify. Employers must ensure that they comply with these regulations to avoid legal consequences. Exceptions to the law exist for employers who receive federal funds or are under federal mandates to verify employee status.

Additionally, it is crucial for employers to stay up to date with E-Verify requirements, as failure to comply may result in penalties. Employers must immediately notify potential new hires if the E-Verify system cannot find their information and are subject to a penalty of $10,000 for non-compliance.

The Importance of E-Verify Compliance:

Using E-Verify correctly is essential for employers nationwide, not just in California. By participating in the program, employers can mitigate the risks associated with non-compliance. It is particularly important for industries that employ a significant number of foreign-born workers, such as the healthcare industry, to understand and adhere to E-Verify requirements.

Conclusion:

Understanding the regulations surrounding E-Verify is vital for ensuring compliance with employment eligibility verification laws. By familiarizing yourself with the purpose and proper usage of E-Verify, you can navigate the ever-changing landscape of employment verification with confidence. Remember to stay informed about any updates or changes to E-Verify regulations to protect your organization from potential legal and financial consequences.

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