E-Verify Mandates: Berkeley vs Castro Valley
How do e-verify mandates rules compare between Berkeley, CA and Castro Valley, CA?
Berkeley has fewer restrictions than Castro Valley.
Berkeley, CA
Alameda County
Berkeley does not require private employers to use the federal E-Verify system, and California Labor Code section 2814 forbids cities and employers from mandating E-Verify beyond what federal law specifically requires.
View full Berkeley rules →Castro Valley, CA
Alameda County
California prohibits state and local governments from requiring private employers to use the federal E-Verify system except where federal law mandates it, under Government Code 7285.1 and 7285.3. The restriction applies uniformly to every California city and county.
View full Castro Valley rules →Key Facts Comparison
| Fact | Berkeley | Castro Valley |
|---|---|---|
| State preemption | Labor Code 2814 | - |
| Local mandate | None | - |
| Federal contractor | Required | - |
| City hiring | Form I-9 only | - |
| E-Verify Mandate Ban | - | Gov Code 7285.1 |
| Workplace Enforcement | - | AB 450 (2017) |
| Notice Requirement | - | 72 hours |
| Penalty Range | - | $2K-$10K per violation |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Can Berkeley require contractors to use E-Verify?
No. California Labor Code section 2814 preempts that, allowing E-Verify only where federal law or a federal contract specifically requires it for a particular employer.
Is E-Verify ever mandatory in Berkeley?
Yes, for federal contractors covered by federal acquisition rules. All other employers may use it voluntarily, but no city or state law forces them to enroll.
Castro Valley FAQ
Can California cities require employers to use E-Verify?
No. Government Code 7285.1 prohibits state and local governments from imposing E-Verify mandates on private employers, except where federal law conditions a benefit on participation.
What does AB 450 require of California employers during ICE visits?
Employers must demand a judicial warrant before allowing ICE into nonpublic worksite areas and provide written notice to affected employees within 72 hours of an I-9 inspection notice.
Compare other topics
See how Berkeley and Castro Valley compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool