The California Labor Commissioner’s Office has issued a reminder to employers across the state about the legal protections afforded to workers irrespective of their immigration status. This reminder underscores that workers are safeguarded from unfair immigration-related practices and that any retaliation by employers for exercising these rights is prohibited under California labor laws.
Employers are mandated to adhere to specific notice provisions when immigration enforcement actions occur at workplaces. These requirements include notifying employees and their authorized representatives about such activities and outcomes. Failure to comply with these provisions could result in penalties of up to $10,000 per violation as outlined in California Labor Code Sections 90.2, 1019, 1019.1, and 1019.2.
According to state law, several actions are deemed unlawful for employers concerning immigration status:
– Requesting more or different documents than federally required.
– Refusing documents that appear genuine.
– Misusing the federal E-Verify system.
– Filing or threatening false reports with government agencies.
– Threatening or contacting immigration authorities without cause.
Labor Code Section 90.2 stipulates that employers must notify current employees within 72 hours of receiving notice of an immigration inspection. The notice should include relevant details such as the inspecting agency’s name and the inspection’s nature. Non-compliance can lead to civil penalties ranging from $2,000 to $10,000 depending on the violation history.
Under Labor Code Section 98.6, retaliation against workers for filing claims or complaints is forbidden, including reporting “unfair immigration-related practices.” Similarly, Labor Code Section 244 identifies threats regarding immigration status as adverse actions if used against individuals asserting their rights.
Section 1019 prohibits “unfair immigration-related practices” as a form of retaliation against those exercising labor rights. Violations may incur penalties up to $10,000 per infraction according to Section 1019.1.
Moreover, reverifying employment eligibility outside federal requirements can attract fines under Section 1019.2 unless it involves updating documentation for temporary work authorization.
Finally, under Labor Code Sections 1024.6 and 1171.5, employees are protected from retaliation when updating personal information legally and are entitled to all state law protections regardless of their immigration status.
###