Assembly Passes Bill Preventing Mandated Use of E-Verify

By Michael C. Saqui and Anthony P. Raimondo

 
The California State Assembly has approved AB 2076, which would prohibit city and county government from requiring employers to use the federal E-Verify employment eligibility verification system as a condition of obtaining or maintaining a business license. The bill would also prohibit local government from requiring employers to use E-Verify as a condition of bidding on public contracts or as a penalty for violations of other laws.

Employers operating in Arizona are currently dealing with the consequences of the new employer sanctions law, which requires employers to use E-Verify, and allows local prosecutors to seek suspension or revocation of an employer’s business license for having knowingly hired a falsely documented employee.

Assembly member Felipe Fuentes, the author of AB 2076, is seeking to prevent enactment of similar employer sanctions by county and city governments in California. He is expected to add provisions to his bill that would extend this prohibition to the state government as well.

Despite the support of Western Growers, the California Farm Bureau Federation, Nisei Farmers League, the California Hotel and Lodging Association and organizations representing landscape and other contractors, AB 2076 passed with only Democratic votes. It will now move to the Senate for committee hearings before likely returning to the Assembly for a final vote in August.

COUNSEL TO MANAGEMENT:

Employers should contact their state senators and industry associations to press for support of this bill. It is particularly important to remind state Republicans that business has been loyal to their party and their interests for many years, and it is time for Republicans to cast their votes in favor of a strong economy.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Saqui & Raimondo at (831) 443-7100 in Salinas, or (916) 782-8555 in Sacramento.