Legislative Update: Safeguards against Unlawful Immigration-Related Practices
Next in our legislative update series is a bill designed to protect immigrant workers against retaliation involving their perceived immigration status. California Governor Gavin Newsom has signed Assembly Bill (AB) 2495, amending section 1019 of the Labor Code relating to the expansion of existing unfair immigration-related practices anti retaliation protections.
Existing Law:
Existing law prohibits an employer or any other person from engaging in, or directing another person to engage in, an unfair immigration-related practice against a person for the purpose of, or with the intent of, retaliating against any person for exercising a right protected under state labor and employment laws or under a local ordinance applicable to employees.
Unfair immigration-related practices can include: • Refusing to honor identity and employment documents that appear genuine. • Misuse of E-Verify in a way not required by law. • Threatening to file or filing a false report with a government, state, or federal agency. • Threatening to contact or actually contacting immigration authorities (such as ICE).
Existing law also authorizes a civil action for equitable relief and damages or penalties by an employee or other person who is the subject of an unfair immigration-related practice.
What does AB 2495 do?
Effective January 1, 2027, this measure:
· Expands the above-described prohibition to include retaliating against any person for exercising any right under any local, state, or federal statute or regulation applicable to employees, and prohibits preventing a person from exercising such a right;
· Prohibits an employer or any other person from engaging in any other conduct, related to any person’s perceived immigration status, that would reasonably tend to dissuade a person from engaging in conduct that the person has a legal right to engage in under any local, state, or federal statute or regulation applicable to employees, or to induce a person to engage in conduct that the person has a legal right to abstain from under any local, state, or federal statute or regulation applicable to employees;
· Makes an employer or other person who violates these provisions liable for a civil penalty not exceeding $10,000 per employee or person for each violation.
Employer action items:
Let’s consider a few action items on this topic that employers can do to better prepare themselves in the workplace.
| Compliance Area | Action Item |
| Management Training | Train human resources, recruiters, and managers that any immigration-related remarks, questions, or offhand context can create immediate liability—even in the absence of a formal workplace complaint. |
| Policy Updates | Revise internal anti-retaliation, hiring, and handbook policies to reflect that protections extend to perceived immigration status and protect applicants and former workers. |
| I-9 & E-Verify Review | Ensure employment verification procedures strictly adhere to federal guidelines. Avoid requesting additional documents beyond standard Form I-9 mandates or utilizing E-Verify selectively. |
| Complaint Protocols | Standardize response procedures for all workplace disputes (e.g., wage claims or safety reports) to ensure that conversations surrounding immigration or citizenship are entirely isolated from disciplinary or operational decisions. |
Rosasco Law Group specializes in keeping our clients workplace-compliant. Give our office a call and we can help you stay current with all the latest employment laws.
