California AB-1236 (Labor Code §2814) prohibits Santa Clara County and any city from requiring private employers to use E-Verify. Federal mandates apply only to federal contractors. SCC and its 15 cities impose no E-Verify requirement.
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 (2011), forbids any state or local government from requiring private employers to enroll in E-Verify as a condition of doing business or obtaining a permit. Santa Clara County therefore cannot impose an E-Verify rule on private employers in unincorporated areas, and none of its 15 cities (San Jose, Sunnyvale, Mountain View, Cupertino, etc.) has adopted one. County contractors must still meet federal-contractor obligations when applicable. Workers may not be re-verified absent documented cause.
A county-imposed E-Verify mandate would be unenforceable under Labor Code §2814 and challengeable in superior court. Private employers using E-Verify discriminatorily face DOJ Immigrant and Employee Rights Section penalties up to $4,313 per violation under federal anti-bias rules.
See how Santa Clara's e-verify mandates rules stack up against other locations.
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