What the New Immigrant Worker Protection Act (AB 450) Means for Employers

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Posted by: CEA's HR Advisor Team on Wednesday, October 25, 2017 at 12:00:00 am

Assembly Bill 450, signed by Jerry Brown on October 5, will be effective January 1, 2018 and adds new provisions to the Government Code.

What Employers Need to Know


Beginning January 1, 2018, both public and private employers (and their agents) are prohibited from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant.


The law also prohibits employers (or their agents) from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or court order.


Employers Must Post New Notice on July 1, 2018


Employers will have to post a notice to current employees, in the language the employer normally uses to communicate employment information, of Form I-9 (and any other  employment records) inspection by an immigration agency within 72 hours of receiving the federal notice of inspection. Employers, upon reasonable request, must also provide an affected employee with a copy of the notice of inspection of Form I-9s.


By July 1, 2018, the Labor Commissioner, must create a template for employee notification purposes. The California Labor Commissioner or Attorney General has the exclusive authority to enforce these provisions and can impose penalties of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation.


Immigration Inspection Deficiency Notice


After an inspection, employers will have to provide the employee and the employee’s authorized representative a copy of the written immigration agency notice requiring inspection, the result of such inspection if an employee is impacted and obligations of the employee as a result. CEA has developed an “Immigration Inspection Deficiency Notice” to use for this purpose. It can be found under HR Forms, for Members Only.


We have said it before but it bears repeating – audit your Form I-9s and ensure your house is in order before an inspection occurs. Let CEA lighten your load – call us to come on site today, 800.399.5331.


Comments

2 comments on "What the New Immigrant Worker Protection Act (AB 450) Means for Employers"

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Jessica - HR Director on January 23, 2018 at 10:44:38 am said:
Thank you for your comment - members can log into the web site, go to HR Forms (under the "HR Answers" tab) then go to "Personnel Records." We have also added a link to this post.
Buckles-Smith Electric on January 23, 2018 at 10:39:46 am said:
I see that you state the ?Immigration Inspection Deficiency Notice? can be found under HR Forms, for Members Only, but I don't see a link for it.

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