UNITED STATES – FAQ: California’s immigrant worker protection act – What employers need to know

The Immigrant Worker Protection Act (Assembly Bill 450) took effect Jan. 1, 2018 and imposes new state obligations on employers when approached by federal immigration inspectors.

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In response to the ramping up of federal immigration raids at places of work, California has enacted a law to provide certain protections to immigrant workers. The Immigrant Worker Protection Act (Assembly Bill 450) took effect Jan. 1, 2018 and imposes new state obligations on employers when approached by federal immigration inspectors. The law prohibits employers from allowing federal immigration enforcement agents to enter their premises without a warrant. The law also prevents employers from providing such agents access to employee records without a judicial warrant or subpoena, requires employers to notify employees before and after immigration inspections, and prevents employers from re-verifying the employment eligibility of current employees if not required by federal law. The law imposes monetary penalties of up to $10,000 per violation.

BAL has produced an FAQ to answer questions about the new law. California employers should be aware of their new legal obligations, consult counsel, and take steps to update their I-9 and related policies and procedures and train key staff on the law. Access the full FAQ here.

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Berry Appleman & Leiden

We are a global firm singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and clients more successful.

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