Effective January 1, 2018, AB 450 imposes new legal requirements on employers in regards to responding to government immigration worksite enforcement actions.
Most importantly, the new law bars employers from allowing immigration enforcement agents to enter any nonpublic areas of the employer’s workplace without a judicial warrant. Additionally, employers may not allow immigration enforcement agents to access, review, or obtain the employer’s employee records without a subpoena or court order for such records (with the exception of the I-9 Employment Eligibility Verification Form or other documents for which a Notice of Inspection has been provided to the employer). The new law also requires that employers: (1) post notice of any immigration agency inspections of I-9 forms or other employment records within 72 hours of the employer receiving notice of the inspection (on a template to be developed by the Labor Commissioner); and (2) provide to any affected employee and the employee’s bargaining representative, within 72 hours of receipt by the employer, a copy of the written immigration agency notice containing the results of the inspection of an I-9 form or other employment records. Finally, AB 450 prohibits employers from re-verifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law.
Key Takeaway: In advance of the January 1, 2018 effective date, employers need to be sure that management employees who control access to worksites are aware of the new law, and should consider putting in place a policy regarding how management employees should respond to requests for worksite or records access by immigration officials. Additionally, employers should acquire the Labor Commissioner’s template notice as soon as it is published (which by law shall be no later than July 1, 2018) so it may be posted as necessary in accordance with the new law.