Employer Notice: California laws protect workers’ immigration status

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In a recent Press Release from the California Labor Commissioner, employers were dealt several reminders about California’s labor laws, particularly protections regarding worker immigration status:

• The labor laws protect every worker in the state, regardless of immigration status. All employers are legally obligated to comply with all state labor laws including those that are immigration related.

• Workers who file wage claims, retaliation complaints or exercise other rights under California labor laws are not required to disclose their immigration status. The Labor Commissioner’s Office does not ask about the immigration status of any individual seeking assistance or protection under California labor law.

• Workers are protected from unfair immigration-related practices, including retaliation. It is unlawful for an employer to retaliate against a worker for exercising any of these protections and for not complying with notice requirements with respect to immigration enforcement at worksites. Violations of these laws may subject an employer to penalties of up to $10,000 per violation, under California Labor Code Sections 90.2, 1019, 1019.1, and 1019.2.

Labor Code Provisions Protecting Workers at a Glance

We are reminded of various employee-friendly statutes on the books dealing with immigration status.  Let’s review a few of these:

• General Protections (LC 1171.5): Workers are entitled to all protections available under state law, regardless of immigration status.

• Notice Requirements during Immigration Enforcement Actions (LC 90.2): An employer must provide notification to employees of an 1-9 audit at work within 72 hours of receiving the notification of inspection (employers may use the Labor Commissioner’s free template notice). Employers must provide affected employees with the results of the inspection and inform them of their right to representation to address deficiencies. 

• Protection against Retaliation for Exercising Labor Rights (LC 98.6): An employer cannot retaliate against a worker for filing a claim or complaint with the Labor Commissioner or otherwise asserting their rights under California labor laws.

• Prohibition of Immigration-Related Threats as Adverse Action (LC 244): An employer reporting or threatening to report the suspected immigration or citizenship status of an employee, former employee, prospective employee or a relative because the employee exercised a right under the Labor Code, Government Code, or Civil Code is considered an adverse action.    
• The Immigrant Worker Protection Act (AB 450) prohibits employers from:

1.  Allowing immigration enforcement agents to enter nonpublic areas of the workplace without a warrant
2.  Releasing employee records without a subpoena or court order.
3. Employers who violate these protections can face penalties and lawsuits.

• Prohibition of Unfair Immigration-Related Practices (LC 1019): An employer must not commit unfair immigration-related practices, such as requesting more or different documents than required by federal law; misusing E-Verify; filing or threatening to file a false report with a government agency; and threatening to contact or contacting immigration authorities when an employee has engaged in activities protected by the Labor Code and local ordinances.

            o   LC 1019.1: An employer who violates Labor Code section 1019 may face a penalty of up to $10,000 per violation.

            o   LC 1019.2: An employer who verifies employment eligibility in a manner not required by federal law may face a $10,000 penalty.

• Protection for Updating Personal Information: Employers cannot retaliate against employees who update their personal information based on a lawful change of name, Social Security number, or federal work authorization document.

• Eligibility for Workers' Compensation: A worker's immigration status does not affect their eligibility for workers' compensation benefits in California, including medical treatment, disability benefits, and job retraining.

• Presumption of Retaliation (SB 497): If an employer takes adverse action against an employee within 90 days of the employee asserting their labor rights, there is a legal presumption that the action was retaliatory, making it easier to prove retaliation.

• Enforcement by the Labor Commissioner: The California Labor Commissioner's Office enforces these laws and can investigate complaints regarding wage theft, retaliation, and unsafe working conditions, regardless of immigration status. They do not inquire about immigration status during investigations. 

Employer Resources

A Business Engagement Program providing training to employers regarding their legal obligations has been set up by the Labor Commissioner. You can e-mail [email protected] to request a training, ask a question or report a competitor who is gaining an unfair advantage by violating California law.

If your workplace has specific questions or concerns regarding these and other labor laws, do not hesitate to reach out to Rosasco Law Group for answers.