Enrollment in E-Verify remains voluntary under federal and California law except for federal contractors with the FAR provision in their contract. California’s new law (AB 622) added significant penalties at the state level for E-Verify violations in addition to federal penalties. Also the California law requires employers to provide Tentative Non-Confirmation notices to subject employees “as soon as practicable” after receipt from E-Verify. The increased penalties for E-Verify violations are an important reminder for E-Verify employers that it’s critical to follow E-Verify rules and procedures carefully and promptly, including completing the I-9 process for each new employee in addition to the E-Verify check. It’s an important reminder for all employers that I-9 compliance can become too routine or too decentralized and compliance may lag. Employers should run a self-audit each year to check compliance across the organization.

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