California Labor Code 2814 prohibits cities from mandating E-Verify use by private employers. Anaheim cannot require E-Verify; only federal contractors and certain federal agencies must use the system locally.
California Labor Code section 2814, enacted in 2011, expressly prohibits state and local governments from requiring private employers to use E-Verify, the federal employment eligibility verification system. Anaheim therefore cannot mandate E-Verify for general business licensing or municipal contracts beyond what federal law requires. Federal contractors with covered contracts must still use E-Verify under the federal FAR E-Verify rule. The state law preempts any conflicting local ordinance and allows employers to use E-Verify voluntarily. Federal Form I-9 verification remains required for all employers nationwide.
A city ordinance mandating E-Verify would be void and preempted; private employers improperly required to participate may sue for declaratory and injunctive relief plus attorney fees.
See how Anaheim's e-verify mandates rules stack up against other locations.
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