What are the requirements for employers to verify the employment eligibility of their workers in California?
California, employers are required to verify the employment eligibility of their workers by following certain guidelines and procedures. The primary requirement is to complete and retain Form I-9, Employment Eligibility Verification, for each employee hired.
Here are the detailed requirements for employers to verify employment eligibility in California
Completion of Form I-9
Employers must ensure that all newly hired employees complete Section 1 of Form I-9 on or before their first day of work. This section includes personal information such as the employee’s name, address, date of birth, and Social Security number (if applicable).
Review of Supporting Documents
Employers are responsible for reviewing the supporting documents provided by the employee to establish their identity and employment authorization. These documents can include a U.S. passport, Permanent Resident Card, Employment Authorization Document, or a combination of other acceptable documents listed on the Form I-
Verification of Documents
Employers must physically examine the original documents presented by the employee and determine if they reasonably appear to be genuine and relate to the individual presenting them. Employers should ensure that the documents are not expired and that they match the information provided in Section 1 of the Form I-
Employers must retain the completed Form I-9 for each employee for a specified period. In California, employers are required to retain the Form I-9 for three years after the date of hire or one year after the date of termination, whichever is later. The forms must be stored in a manner that allows for inspection and audit by authorized government officials.
While not mandatory for all employers in California, some employers may be required to use the federal E-Verify system to verify the employment eligibility of their workers. E-Verify is an online system that compares information from an employee’s Form I-9 with data from U.S. government records to confirm employment eligibility.
Employers must ensure that the verification process is applied uniformly to all employees and does not discriminate against individuals based on their national origin, citizenship status, or immigration status. It is illegal to request specific documents from employees or treat them differently based on their citizenship or immigration status.