Orange County does not require employers or contractors to use the federal E-Verify system, and California Assembly Bill 1065 prohibits cities and counties from forcing private employers to enroll beyond federal requirements.
California Labor Code §2814 prohibits state or local governments from requiring private employers to use E-Verify except where federal law mandates it (such as federal contractors under FAR 52.222-54). Orange County has no ordinance compelling E-Verify use for vendors, contractors, or general employers. Employers who voluntarily use E-Verify must comply with federal Memorandum of Understanding terms and notify employees of any tentative non-confirmation. Misuse to screen out work-authorized applicants violates federal anti-discrimination provisions enforced by the Immigrant and Employee Rights Section of DOJ.
Improper use — pre-screening applicants, retaliating on tentative non-confirmation, or selective verification — exposes employers to federal IER complaints, civil penalties, and back-pay awards.
See how Mission Viejo's e-verify mandates rules stack up against other locations.
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