California Employment Law Update

Category Archives: E-Verify

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DHS Rule Will Permit Remote I-9 Authorizations on a Permanent Basis

The United States Department of Homeland Security (“DHS”) has issued a final rule that will permit certain employers to remotely verify I-9 employment authorization documents on a permanent basis beginning August 1, 2023. Historically, employers, or their “authorized representatives,” were required to review I-9 authorization documents in-person with the employee physically present. However, during the COVID-19 pandemic, … Continue Reading

California Supreme Court Limits Recovery for Employees Who Misrepresent Their Immigration Status

On June 26, 2014, the California Supreme Court handed down Salas v. Sierra Chemical, a case at the intersection of employment and immigration law. Salas, a former employee of Sierra Chemical, filed suit alleging disability discrimination and wrongful termination. Prior to trial, Salas notified the court that he would assert a Fifth Amendment privilege to … Continue Reading

Arizona Law Requiring Use Of E-Verify Is Upheld

Chamber of Commerce v. Whiting, 563 U.S. ___, 131 S. Ct. 1968 (2011) In 1996, Congress created E-Verify, which is “an internet-based system that allows an employer to verify an employee’s work-authorization status.” In 2007, Arizona enacted the Legal Arizona Workers Act, which allows Arizona to suspend or revoke the licenses necessary to do business … Continue Reading
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