Employers Must Wait Until After An Offer of Employment Has Been Extended Before Verifying Residency Under the E-Verify System
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.
The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Reid & Hellyer, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.