Labor Code section 2814 prohibits California state and local governments from requiring private employers to use the federal E-Verify system except where federal law mandates it. Riverside County cannot impose a county-wide E-Verify requirement on contractors.
Labor Code section 2814 bars California cities and counties from passing ordinances that require private employers to use E-Verify beyond federal requirements. Federal contractors and certain federally funded employers must still use E-Verify under federal regulation. AB 1236, signed in 2011, originated the prohibition. Riverside County therefore cannot adopt a mandatory E-Verify ordinance for county contractors or unincorporated-area businesses, though it can comply when federal law independently mandates participation. Employers may still voluntarily enroll in E-Verify as a hiring tool.
A local E-Verify mandate beyond federal law is preempted and unenforceable. Employers misusing E-Verify can face Labor Commissioner penalties under FEHA for national-origin discrimination claims.
See how Palm Springs's e-verify mandates rules stack up against other locations.
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