by Dave Katzenmeyer, President, Genesis Background Screening Services
Just in case you missed it, a law passed in CA (AB 622) back in October of 2015 which prohibits the use of the E-Verify system that is administered by the United States Citizenship and Immigrations services until after an offer of employment has been made. If you haven’t reviewed your E-Verify usage policies in a while, now is definitely the time to be sure you are compliant.
E-Verify is a database program that accesses information from federal agencies and makes it possible for employers to verify whether an applicant is authorized to work in the U.S. When an applicant’s information is input into the E-Verify System, the result is either “authorized to work” or “tentative non-confirmation notice” which simply means that the candidate’s status cannot be confirmed.
If you are using E-Verify, then you need to also be aware that this recent law contains provisions that require you to notify anyone that you check in the event that you get tentative non-confirmation results. While this has always been a part of the process on the Federal level, California is now working to enforce this law as well, so be on the lookout for new fines up to $10,000 for violating this particular CA law.
This law does include an exception for companies who are required by federal law, or as a condition of receiving federal funds, to use E-Verify. If you are a federal contractor, or if you receive federal funds then your existing contract supersedes this law. If you aren’t sure about your exemption, then it’s good idea to check with your legal counsel.
As always, be sure that you are consistent in your policies so that no person is targeted for an E-Verify. It is also Best Practices to post your policy regarding E-Verify so that it is clearly defined.