March 9, 2018
On Oct. 5, 2017, California Governor Jerry Brown signed into law the Immigrant Worker Protection Act (the “Act”). The Act prohibits employers from allowing U.S. Immigration and Customs Enforcement (“ICE”) agents to enter non-public worksites without a judicial warrant – and from allowing ICE agents to review or obtain employee records without a subpoena or court order.
The Act also contains several notice requirements. Notably, employers must provide notice to current employees of any inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency. The notice must be in the language the that the employer normally uses to communicate employment-related information to the employee and it must be distributed within 72 hours of receiving notice of the inspection.
Recently, the California Labor Commissioners Office published a template that assists employers in complying with the notice provisions of the Act.
Employers can access an English version of the template here and a Spanish version here.
For further information, please contact LaborCompliance@castandcrew.com.
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The proceeding information is provided for informational purposes only, should not be construed as or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please contact your counsel.