Assembly Bill 622 was recently adopted, adding Labor Code section 2814 in California. Under section 2814, it is an unlawful business practice for an employer to consult the E-Verify system for a prospective employee until after an offer of employment has been extended to the prospective employee. Thus, an employer cannot check on the residency status of the prospective employee as part of the process of evaluating the employee for hire, but must wait until after an offer has been made to verify that the individual is authorized to work in the United States. It is also an unfair business practice to check on the residency status of existing employees.

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