Section § 2811

Explanation

This law section declares the official name of the legal article as the Employment Acceleration Act of 2011. This is how people may refer to it in legal and common contexts.

This article shall be known and may be cited as the Employment Acceleration Act of 2011.

Section § 2812

Explanation

This law says that, unless required by federal law or necessary to receive federal funds, the state, cities, counties, or special districts in California cannot force employers to use electronic systems to verify employment. This includes not making it a requirement for getting a government contract, applying for or keeping a business license, or as a penalty for breaking licensing or similar laws.

Except as required by federal law, or as a condition of receiving federal funds, neither the state nor a city, county, city and county, or special district shall require an employer to use an electronic employment verification system, including under the following circumstances:
(a)CA Labor Code § 2812(a) As a condition of receiving a government contract.
(b)CA Labor Code § 2812(b) As a condition of applying for or maintaining a business license.
(c)CA Labor Code § 2812(c) As a penalty for violating licensing or other similar laws.

Section § 2813

Explanation

This law defines key terms used in the context of electronic employment verification systems. It clarifies that an "electronic employment verification system" refers to systems that allow employers to confirm a worker's employment authorization electronically with the federal government, including programs like E-Verify. However, it excludes the I-9 form, which is another tool for verifying employment eligibility required by federal law. Additionally, it specifies that an "employer" is any entity other than the state or local government entities, such as cities or counties.

For purposes of this article, the following terms have the following meanings:
(a)CA Labor Code § 2813(a) “Electronic employment verification system” means an employment verification system that allows employers to electronically verify workers’ employment authorization with the federal government. This includes the Basic Pilot Program, enacted by Section 404 of Public Law 104-208 and renamed in 2007 as the E-Verify Program, and other pilot programs for electronic employment eligibility confirmation. The term “electronic employment verification system” does not include the I-9 Employment Eligibility Verification form or any other employment eligibility systems that are required by federal law.
(b)CA Labor Code § 2813(b) “Employer” means an employer other than the state, or a city, county, city and county, or special district.

Section § 2814

Explanation

This law makes it illegal for employers in California to use the federal E-Verify system to check the work eligibility of employees or job applicants unless it's required by federal law or necessary to receive federal funds. Employers can use E-Verify only for candidates who have already been offered a job. If an employer receives a tentative nonconfirmation, meaning the employee's information doesn't match federal records, they must follow specific procedures to notify the employee promptly. Employers can face penalties up to $10,000 for each misuse of E-Verify. The law aims to prevent employment discrimination, not to encourage the hiring of unauthorized workers.

(a)Copy CA Labor Code § 2814(a)
(1)Copy CA Labor Code § 2814(a)(1) Except as required by federal law or as a condition of receiving federal funds, it shall be unlawful for an employer, or any other person or entity to use the federal electronic employment verification system known as E-Verify to check the employment authorization status of an existing employee or an applicant who has not been offered employment at a time or in a manner not required under subsection (b) of Section 1324a of Title 8 of the United States Code or not authorized under any federal agency memorandum of understanding governing the use of a federal electronic employment verification system.
(2)CA Labor Code § 2814(a)(2) Nothing in this section shall prohibit an employer from utilizing the federal E-Verify system, in accordance with federal law, to check the employment authorization status of a person who has been offered employment.
(b)CA Labor Code § 2814(b) Upon using the federal E-Verify system to check the employment authorization status of a person, if the employer receives a tentative nonconfirmation issued by the Social Security Administration or the United States Department of Homeland Security, which indicates the information entered in E-Verify did not match federal records, the employer shall comply with the required employee notification procedures under any memorandum of understanding governing the use of the federal E-Verify system. The employer shall furnish to the employee any notification issued by the Social Security Administration or the United States Department of Homeland Security containing information specific to the employee’s E-Verify case or any tentative nonconfirmation notice. The notification shall be furnished as soon as practicable.
(c)CA Labor Code § 2814(c) In addition to other remedies available, an employer who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation of this section. Each unlawful use of the E-Verify system on an employee or applicant constitutes a separate violation.
(d)CA Labor Code § 2814(d) This section is intended to prevent discrimination in employment rather than to sanction the potential hiring and employment of persons who are not authorized for employment under federal law.