On January 1, 2016, a new law takes effect that will limit the misuse of E-Verify. California Governor Jerry Brown has signed Assembly Bill 622 which will prohibit employers from using E-Verify in a manner that is not currently not allowed by federal law.
E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. It compares information gathered on the Form I-9 Employment Eligibility Form that is filled out by new employees, and compared to data found in the databases of the Department of Homeland Security and the Social Security Administration. Some states and cities have mandated that companies utilize E-Verify, while others have it as an option way to verify employment eligibility. Currently, it is used by 600,000 U.S. employers nationwide, with more choosing to utilize this as a source of verification of right to work.
Assembly Bill 22 will allow for a civil penalty of up to $10,000 for any violation of the law surrounding the use of E-Verify. It also clarifies what is known as the “tentative non-confirmation” notification process, and provides the foundation to stop employers who are abusing E-Verify.”
When a name is run through E-Verify, a tentative non-confirmation notice, or TNC, is provided to an employers if the E-Verify database cannot immediately confirm a workers right to work in the United States. Unfortunately, the TNC notification rate is high for those workers that are immigrants authorized to work in the United States. This law came about to protect the adverse action being taken against these workers when this TNC notification was issued. With this law in place, employers will be forced to wait until the additional steps are taken by the employer and DHS to confirm whether or not the employee in question is eligible to work.
PeopleG2, as a Consumer Reporting Agency, serves as a Designated E-Verify Employer Agent. We assist companies with their E-Verify and I-9 Compliance, and are available to answer any questions regarding this process.