Short answer. No state requirement for private employers. The state also limits how employers may use it. A penalty is stated.
At a glance
- Private employers
- No state rule requires it. The state and local governments may not require an employer to use E-Verify, except where federal law or federal funding requires it.
- Penalty
- A civil penalty of up to $10,000 for each violation of the rule on when E-Verify may be used.
- Limits on use
- An employer may not use E-Verify to check an existing employee, or an applicant who hasn't been offered a job, except where federal law requires it. Checking new hires after the offer stays allowed.
- Who enforces or publishes it
- California Legislature (Labor Code section 2814)
In the official wording
Private employers
"Existing law prohibits the state, or a city, county, city and county, or special district, from requiring an employer"
Penalty
"an employer who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000)"
Limits on use
"to check the employment authorization status of an existing employee or an applicant who has not been offered employment"
Three example businesses
- 8 employees, private, no state contract: Not required by the state. See why
- 40 employees, private, no state contract: Not required by the state. See why
- 40 employees, private, with a state contract: Not required by the state. See why
Your own numbers: open the checker for California.
Worth knowing
The ban on state and local E-Verify mandates came from AB 1236 (2011); the limit on checking existing employees and applicants came from AB 622 (2015). Federal contractors whose contracts carry the FAR clause still follow it.
Not stated on the pages we opened: a rule for public employers, a rule for state contractors and the effective date.
Hiring someone remote in New Jersey? MCC Solutions acts as an I-9 authorized representative: we meet the new hire, examine the original documents and complete Section 2 for you, from $65 per employee. E-Verify cases are created by the employer, in its own E-Verify account; we don't create them.
Official sources
- AB 622 (2015), enrolled bill text and Legislative Counsel's digest
- AB 1236 (2011), Assembly bill analysis
General information, not legal advice. Checked November 2026. Federal rules on Form I-9 and E-Verify timing are on the all-states table.
Common questions
Do private employers in California have to use E-Verify?
No, and the state limits how it's used. No state rule requires it. The state and local governments may not require an employer to use E-Verify, except where federal law or federal funding requires it. The official wording: "Existing law prohibits the state, or a city, county, city and county, or special district, from requiring an employer."
What penalty does California law set?
A civil penalty of up to $10,000 for each violation of the rule on when E-Verify may be used.
Does California limit how employers use E-Verify?
An employer may not use E-Verify to check an existing employee, or an applicant who hasn't been offered a job, except where federal law requires it. Checking new hires after the offer stays allowed.
Is a Form I-9 still needed in California?
Yes. Every employer completes Form I-9 for each hire under federal law, and an E-Verify case is created from the finished form, so the state rule adds to the I-9 rather than replacing it.
All states: E-Verify requirements by state · Arizona · Florida