California contractors should be aware that while the state of California doe not require the use of the federal government’s E-Verify Program yet, several California cities do.
E-Verify is an Internet-based system that allows contractors and other businesses to determine the eligibility of their employees to work in the United States. E-Verify is fast, free and easy to use – and it’s the best way employers can ensure a legal workforce. You can go to E-Verify on the internet and enroll your company at: www.uscis.gov/e-verify.
These cities have decided to discourage employment of illegal aliens in their cities by adopting legislation requiring employers to use E-Verify to confirm eligibility to work of new hires. The current cities are:
Temecula – as of 01/01/11, all employers must use E-Verify to confirm the eligibility of new hires as a condition of receiving or maintaining a business license.
Murrieta – made the use of E-Verify mandatory for all businesses on 12/21/10. The law requires code officers to make sure E-Verify is used and assess penalties of fines of a few hundred dollars to the loss of a business license for repeat offenders.
Lake Elsinore – requires employers to prove they are enrolled in the E-Verify program as part of the business license procedure as of 06/22/10.
Menifee – requires all employers to use E-Verify to maintain a business license as of 01/01/11.
Norco – requires all employers to use E-Verify to maintain a business license as of 01/01/11.
Lancaster – requires all employers to use E-Verify since 12/31/09 and failure to do so can result in suspension of their business license.
Mission Viejo – requires all employers with city contracts to use E-Verify on all new employees since 07/01/07.
Palmdale – requires contractors to enroll in E-Verify to bid for projects exceeding $50,000.
Other states have passed requirements for use of E-Verify including Arizona, Utah, Mississippi and South Carolina. Will this legislation expand or will the US Supreme Court rule that the states and city can not require employers to participate in a program that by federal law is voluntary? The US Supreme Court is expected to rule on this issue in the near future. It certainly makes sense to use the E-Verify system so your company does not run afoul of the law.
You need a California Construction law Attorney to assist you with the ever increasingly complicated contractor and federal laws that govern your business. You should contact us in Orange County to assist you with your construction law questions.