CA Governor Signs Bill Prohibiting E-Verify Mandates in California

Governor Jerry Brown of California signed into law Assembly Bill 1236 “the Employment Acceleration Act of 2011,” which prohibits the state of California and any of its cities, counties, or special districts from requiring an employer (other than a government entity) to use E-Verify as a condition of receiving a government contract, applying for or maintaining a business license, or as a penalty for violating licensing or other similar laws. The bill notes, “the cost, technological demands, and staff time that an electronic employment verification system requires to use and implement come at a time when they [employers] are already struggling.” Despite these restrictions, California employers are still free to use E-Verify on a voluntary basis or as required by federal contracts. As E-Verify requirements continue to change, employers need to make a coordinated effort to successfully manage their I-9 and E-Verify obligations by working closely with immigration counsel and adopting the use of smart electronic tools, which combine both the I-9 and E-Verify steps into one seamless process.

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