On October 5, 2017, Governor Brown signed AB 450 into law. The law prohibits employers from allowing federal immigration agents on private business property without a judicial warrant.
If ICE shows up at your business, do not permit them access to non-public areas without a warrant.
The new law also requires business owners to give their employees public notice — within 72 hours — of federal immigration inspections of employee records. A template created by the Labor Commissioner can be used for the notice.
AB 450 also:
- Requires an employer to provide affected employees (meaning employees who may lack work authorization or whose documents have deficiencies) a copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms, upon reasonable request.
- Requires employers to provide to affected current employees, and to an employee’s authorized representative, a copy of the immigration agency notice that provides for the inspection results and written notice of the obligations of the employer and the affected employee arising from the action.
- Prohibits an employer from re-verifying the employment eligibility of a current employee at a time or in a manner not required by federal law.
- Prescribes penalties for violations of the provisions of the new law from $2,000 – $10,000.
And in case you didn’t know. .. a new-NEW!- Form I 9 is now in effect (even newer than the one I wrote about in January). You can pull it up here.
California Employment Law Blog 