California Governor Jerry Brown recently signed into law the Assembly Bill 1236, Employment Acceleration Act of 2011.
The Act prohibits the state, cities, counties, or special districts from requiring an employer to use E-Verify®. There are exceptions, such as when required by federal law, or as a condition of receiving federal funds.
Several reason were provided for enabling this Act, such as employers being unable to hire employees in a timely manner; the increased costs of doing business in a difficult economic climate; and placing the burden of providing additional staff training for the E-Verify® system on already struggling employers.
Additionally, the Act cites that California's unemployment rate has risen to 11 percent and thus all avenues must be pursued in facilitating and incubating job development and economic growth.
The Act pertains to private employers, other than the state, or a city,
county, city and county, or special districts. Private employers will retain the ability to choose whether to participate in E-Verify®.