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.
Federal law leaves E-Verify voluntary for most private employers and mandatory only for certain federal contractors. California Labor Code section 2814 prohibits any state or local government from compelling private employers to use E-Verify except where federal law or a federal contract requires it. Berkeley therefore does not impose an E-Verify mandate on private businesses, contractors, or licensees. The city itself uses standard Form I-9 verification for its own hires. Employers may still choose to enroll voluntarily, and most large federal contractors do, but city policy is to neither encourage nor penalize voluntary use.
Local agencies that try to mandate E-Verify face preemption by Labor Code section 2814, while employers that misuse E-Verify run afoul of federal anti-discrimination rules under the Immigration and Nationality Act.
See how other cities in Alameda County handle e-verify mandates.
See how Berkeley's e-verify mandates rules stack up against other locations.
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