The Immigrant Worker Protect Act (AB 450), went into effect on Jan. 1, 2018, prohibiting employers from releasing employee records or allowing federal immigration agents into nonpublic work areas without a judicial warrant or subpoena.
Designed to prevent workplace raids, this new law falls into some grey areas, forcing businesses to decide between obeying federal law or state law. Should a business choose to follow federal law, the state Labor Commissioner or Attorney General could fine them between $2,000 and $5,000 for a first violation, and between $5,000 and $10,000 for each subsequent violation.
AB 450 requires that businesses, upon receiving a Federal Notice of Inspection (NOI) of Employment Eligibility Verification, post a notice within 72 hours.
The notice must state:
(1) the name of the immigration agency;
(2) the date the employer received the notice of the inspection;
(3) the nature of the inspection to the extent known; and
(4) a copy of the Notice of Inspection of I‐9 Employment Eligibility Verification.
Businesses must also give written notice by hand to the employee and his/her union representative with the following information:
(1) a description of all immigration inspection deficiencies identified in the notice;
(2) the immigration agency’s time period for correcting any potential deficiencies;
(3) the time and date of any meeting to correct any identified deficiencies;
(4) notice that the employee has the right to representation during any employer meeting.
Finally, under AB 450, businesses are prohibited from re-verifying the employment eligibility of a current employee, even if they come across facts or credible information that calls their eligibility into question.
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