Assembly Bill 622, which takes effect on January 1, 2016, adds section 2814 to the California Labor Code. Section 2814 prohibits employers from using E-Verify to check the employment authorization status of an existing employee or an applicant who has not been offered employment, except as required by federal law or as a condition of receiving federal funds. Furthermore, upon using the E-Verify system, if the employer receives a tentative non-confirmation issued by the Social Security Administration or the United States Department of Homeland Security which indicates the information entered into E-Verify did not match federal records, the employer shall comply with the required employee notification procedures governing the use of the E-Verify system. An employer who violates section 2814 is liable for a civil penalty up to $10,000 for each violation, in addition to other remedies available.

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