Employer and EmployeeElectronic Employment Verification Systems
Section § 2811
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.
Section § 2812
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.
Section § 2813
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.
Section § 2814
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.