As of January 1, 2018, California employers must comply with strict rules passed under the new Immigrant Worker Protection Act (AB 450), which protects workers in the state from immigration enforcement while they're on the job.
Under AB 450, all employers, regardless of size, must limit federal immigration enforcement agents' access to both the worksite and employee records, and they must follow new notice obligations.
The Labor Commissioner and the Attorney General have authority to enforce the Act's provisions. And if you aren't prepared, missteps can result in varying fines of up to $10,000 per violation.
Given the potential for conflicts with federal law—as well as the federal administration's statements that it intends to increase worksite enforcement actions in 2018—only time will tell what legal challenges this new law may bring. In the interim, however, employers will need to comply.
Download CalChamber's free white paper for information on worksite immigration enforcement and protections.
Disclaimer: This white paper is provided as general information
only and is not intended to be or to replace legal advice.