California prohibits state and local governments from requiring private employers to use the federal E-Verify system except where federal law mandates it, under Labor Code 2812. The restriction applies uniformly to every California city and county.
Labor Code 2812, enacted by the Employment Acceleration Act of 2011 (AB 1236), bars the state and any city, county, or special district from requiring private employers to use an electronic employment verification system such as E-Verify, except as required by federal law or as a condition of receiving federal funds. Labor Code 2814 separately makes it unlawful to use E-Verify outside federal rules, such as checking existing employees or pre-offer applicants, with civil penalties up to $10,000 per violation. AB 450 (2017), codified at Government Code 7285.1-7285.2 and Labor Code 90.2 and 1019.2, requires judicial warrants before granting immigration agents access to nonpublic work areas and 72-hour notice of I-9 inspections.
Employers violating AB 450 face civil penalties of $2,000 to $5,000 for first violations and $5,000 to $10,000 for subsequent violations under Labor Code 90.2 and 1019.2, enforced by the Labor Commissioner and Attorney General.
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