California Assembly Bill AB622 Amended / Bill

 BILL NUMBER: AB 622AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Roger Hernndez FEBRUARY 24, 2015 An act  to add Section 2814 to the Labor Code,  relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 622, as amended, Roger Hernndez. Employment: E-Verify  Program.   system: unlawful   business practices.  The federal E-Verify  Program,   system,  administered by the United States Citizenship and Immigration Services, the United States Department of Homeland Security, and the United States Social Security Administration, enables participating employers to use the  program,   system,  on a voluntary basis, to verify that the employees they hire are authorized to work in the United States. Existing law prohibits the state, or a city, county, city and county, or special district, from requiring an employer, other than one of those government entities, to use an electronic employment verification system, including  the E-Verify Program,   E-Verify,  except when required by federal law or as a condition of receiving federal funds. Existing law prohibits an employer or any other person or entity from engaging in unfair immigration-related practices, as defined, against any person for the purpose of retaliating against  any   the  person for exercising specified rights. This bill would  state the intent of the Legislature to enact legislation that would prohibit employers or employment agencies, except as required by federal law or as a condition of receiving federal funds, from using the E-Verify Program for any applicant for employment, and that would  expand the definition of an unlawful employment practice to prohibit an employer or  employment agency's use of any electronic employment verification system on an applicant.   any other person or entity from using the E-Verify system to check the employment authorization status of an employee or applicant, as specified, except as required by federal law or as a condition of receiving federal funds. The bill would also require an employer that uses the E-Verify system to provide to the affected 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 bill would provide for a civil penalty of $10,000 for an employer for each violation of these provisions.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 2814 is added to the   Labor Code   , to read:   2814. (a) 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 employee or applicant 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 memorandum of understanding governing the use of a federal electronic employment verification system. (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 within the timeframe provided in the Referral Date Confirmation notice, which is generated by E-Verify after an employee decides to contest the tentative nonconfirmation notice. (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.   SECTION 1.   It is the intent of the Legislature to enact legislation that would prohibit employers or employment agencies, except as required by federal law or as a condition of receiving federal funds, from using the E-Verify Program for any applicant for employment, and that would expand the definition of an unlawful employment practice to prohibit an employer or employment agency's use of any electronic employment verification system on an applicant.