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California Law Modifies Employers' Immigration Responsibilities

Posted on October 12 2017 08:25 PM

Law Effective January 1, 2018

A new law modifies California employers' immigration responsibilities. An outline of the new requirements is presented below.

Notice of Inspection
An employer generally must provide a notice to each current employee of any inspections of federal Forms I-9 or other employment records conducted by an immigration agency within 72 hours of receiving notice of the inspection.

Such notice must contain certain required content and be posted in a certain manner (§ 90.2(a)(1)). On or before July 1, 2018, the state is expected to develop a template posting, which is expected to be available on the Labor Commissioner's website.

Employee Request, Notice of Inspection Results, and Reverification
An employer, upon reasonable request, must provide an affected employee a copy of the Notice of Inspection of Forms I-9.

Furthermore, an employer generally must provide to each current affected employee a copy of the written immigration agency notice that provides the results of the inspection of Forms I-9 or other employment records within 72 hours of its receipt of the notice. Within such time frame, the employer must also provide to each affected employee written notice of the employer's and affected employee's obligations arising from the inspection results. The notice must contain certain information and must be delivered in a certain manner (§ 90.2(b)(1)).

Additionally, employers are generally prohibited from reverifying the employment eligibility of a current employee at a time or in a manner not required by federal law.

Note: The law also generally prohibits employers from providing voluntary consent to an immigration enforcement agent to: enter nonpublic areas of a place of labor, unless the agent provides a judicial warrant; and access, review, or obtain employee records without a subpoena or judicial warrant.

The law is effective on January 1, 2018. Employers with questions as to the law's impact on workplace policies and practices should contact a knowledgeable employment and/or immigration law attorney. Click here to read the text of the law for additional provisions.

To review other laws specific to California, visit the State Laws section, click on California, and choose your topic of interest from the left-hand navigation menu.