Federal law does not mandate E-Verify for most private employers, and California AB-1236 (Labor Code §2814) bars cities including San Jose from requiring private employers to enroll. San Jose imposes no E-Verify mandate.
E-Verify is a voluntary federal program for confirming employment eligibility. Federal law mandates participation only for federal contractors under FAR 52.222-54. California Labor Code §2814, added by AB-1236 in 2011, prohibits any state or local government from requiring private employers to use E-Verify as a condition of doing business or obtaining a permit. San Jose therefore cannot impose an E-Verify rule on private employers and has not attempted to. City contractors must still comply with federal contractor obligations when applicable. Workers may not be re-verified absent a documented federal reason.
A San Jose employer compelled illegally to use E-Verify by a city agency could sue under Labor Code §2814. Private employers using E-Verify discriminatorily face DOJ Immigrant and Employee Rights Section penalties up to $4,313 per violation.
See how San Jose's e-verify mandates rules stack up against other locations.
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