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New California Employment Laws Protect Workers01-23-18 | Legislation

New California Employment Laws Protect Workers
Prevention of Unwarranted Employment Re-verification Is One Facet

California Gov. Jerry Brown signed AB 450 in October; at the same time he signed legislation deeming California a sanctuary state. AB 450 law limits how much state authorities have to cooperate with federal authorities. The new law aims to protect workers from unwarranted searches and workplace raids, and California employers will now face consequences at the state level if they fail to comply with new laws and regulations.

The Immigrant Worker Protection Act, AB 450, went into effect in California on Jan. 1, 2018.

Gov. Jerry Brown signed the law in October, but now employers are required to provide new protections from immigration enforcement agencies in the workplace.

The new law will pertain not only to employers, but someone acting on behalf of employers.

AB 450 includes the following:

1. Employers are not permitted to voluntarily consent to immigration enforcement agents entering the workplace without a judicial warrant. The workplace includes jobsites and nonpublic areas.

2. Employers must give employees notice of immigration review of employment records. This includes posting notices for inspections of I-9 Employment Eligibility Verification forms, and giving employees at least 72 hours notice. They must also include the date, nature of the inspection and a copy of the notice from the agency.

3. If an employee is "affected" by the inspection, the employers must provide the employee with the results. The employee will be entitled to representation in all subsequent meetings with the employer regarding work eligibility.

4. Employers cannot reverify employment at a time or in a manner that is not required by federal law. A violation of this is $10,000.

If an employer violates any part of AB 450, fines range from $2,000 to $10,000.