California: New Advisory Notice and FAQ for Immigration Enforcement Actions

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All Employers with CA Employees

EFFECTIVE

January 1, 2018

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(888) 378-2456

On February 13, 2018, the California Attorney General and Labor Commissioner issued documents intended to assist California employers in complying with AB 450.  Already in effect as of January 1, 2018, the Immigrant Worker Protection Act requires California employers to limit federal immigration enforcement access to non-public areas in the worksite, among other things.

The first document is an advisory notice that provides a general overview of AB 450.  The notice details prohibited actions and notice requirements in the event of a Form I-9 inspection.

The second document is a FAQ that provides further detail about AB 450.  It provides extra guidance on terms used through the Act.  Some important details defined in the FAQ include:

  • Definition of “voluntary consent”;
  • Definition of “nonpublic” area of the workplace;
  • Discussion of documents that may qualify as a “judicial warrant” and subpoena for the purpose of authorizing federal immigration agent access to the workplace and personnel records;
  • Detailed overview of notice requirements when Form I-9s or other employment records are inspected;
  • Description of penalties associated with violating any of the provisions of the act; and
  • Emphasis that AB 450 does not require employers to defy federal requirements.

Employers should review both the advisory notice and the FAQ with managing personnel in the event of a U.S. Immigration and Customs Enforcement agent’s request to access the workplace.  Due to the relatively short timeframe required for the notice of record inspection, employers should have a process in place to respond to the Notice of Inspection.  The California Department of Labor Standards Enforcement has also provided a template form employers may use to meet the employee notice requirements.

Action Items

  1. Review the advisory notice, FAQ, and template notice to employee form with managing personnel.
  2. Implement notice to employee form in procedures when responding to a Notice of Inspection of Form I-9s.
  3. Have a plan prepared for employees to follow when responding to ICE requests to access the worksite.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

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