--- title: "California E-Verify Requirements for Employers | MCC" description: "California E-Verify rules: not required; use limited, penalties, limits on use, quoted from official pages." url: "https://mcc-solutionsnj.com/bookkeeping/e-verify-california" --- E-Verify · California # California E-Verify requirements Who must use E-Verify here, and what the official pages say about the penalty and the limits on use, in their own words. [![Intuit ProAdvisor Gold tier badge](/img/credentials/intuit-proadvisor-gold.png)](https://proadvisor.intuit.com/app/accountant/search?searchId=matthew-coleman77)Gold tier in Intuit's ProAdvisor program. [See my Intuit listing](https://proadvisor.intuit.com/app/accountant/search?searchId=matthew-coleman77) Keeping your own books? Tallyfinch does invoices, bank import and reports on your computer. [See Tallyfinch](/bookkeeping/mcc-books-downloadable-bookkeeping-software) **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** Hiring in another state? [Employer registration in California, done for you](/bookkeeping/out-of-state-employer-registration), or [a free bookkeeping health check](/bookkeeping/health-check). "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](/bookkeeping/does-my-business-need-e-verify?state=ca&employees=8&public=no&contract=no) - **40 employees, private, no state contract:** Not required by the state. [See why](/bookkeeping/does-my-business-need-e-verify?state=ca&employees=40&public=no&contract=no) - **40 employees, private, with a state contract:** Not required by the state. [See why](/bookkeeping/does-my-business-need-e-verify?state=ca&employees=40&public=no&contract=yes) Your own numbers: [open the checker for California](/bookkeeping/does-my-business-need-e-verify?state=ca). ## 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](/notary/i9-verification): 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](https://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_0601-0650/ab_622_bill_20150909_enrolled.htm) - [AB 1236 (2011), Assembly bill analysis](https://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1201-1250/ab_1236_cfa_20110502_153339_asm_comm.html) General information, not legal advice. Checked November 2026. Federal rules on Form I-9 and E-Verify timing are on the [all-states table](/bookkeeping/e-verify-requirements-by-state). ## 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](/bookkeeping/e-verify-requirements-by-state) · [Arizona](/bookkeeping/e-verify-arizona) · [Florida](/bookkeeping/e-verify-florida) Tallyfinch ### Books you keep on your own computer Tallyfinch does invoices, bills, bank import, reconciliation and the main reports, in a file you own. $99 once, then $5 a month for updates; the app keeps working if you stop the plan. It does not do payroll or sales tax filing. The free download records up to 60 entries. [See Tallyfinch](/bookkeeping/mcc-books-downloadable-bookkeeping-software) [Download it free](/tools/pro/trial/mccBooks) [Compare the three apps](/software) ## Want hiring and payroll records kept for you? [See bookkeeping services](/bookkeeping/)[Call (908) 444-6373](tel:+19084446373)