Publication Details

Special Alert: New Rules and Notice Requirements for California Employers if Federal Immigration Authorities Visit the Worksite

Immigration is a legislative priority in California where the legislature has enacted a number of immigration laws with employment implications since 2013 (e.g., AB 263/SB 666 [prohibiting retaliation for immigration-related practices]; AB 1660 [prohibiting discrimination because of drivers licenses issued to undocumented workers]; AB 622 [enacting a $10,000 penalty for E-verify violations]; and SB 1001 [adding Labor Code section 1019.1 expanding protections against unfair immigration-related practices].)

Continuing this trend, Governor Brown has signed a new wide-ranging law (AB 450) which highlights the current tension between California and the federal government related to immigration.  Amongst other things, this new law limits the ability of California employers to voluntarily provide worksite access to federal immigration authorities, imposes new notice requirements, and enacts many new statutory penalties.

Here is a summary of the key changes and some steps employers may wish to take to ensure compliance with the new law, which takes effect January 1, 2018.