New Law 2018 –Immigration Enforcement

Immigration was a hot topic this year and starting January 1, 2018, employers will see increased obligations as they relate to employees’ immigration status.  Earlier this month, Governor Brown signed AB 450 into law. Beginning January 1, 2018, employers will have the following obligations as they relate to immigration enforcement agents and the workplace: 1. No access without a warrant: Employers, and others acting on their behalf, may not voluntarily consent to immigration enforcement agents entering nonpublic areas of a place of labor without a warrant. For example, if you own a restaurant, immigration enforcement agents are free to enter the dining room but may not enter the kitchen or back office without a warrant permitting them to do so. Penalties for violating this requirement are $2,000 to $5,000 for the first violating incident and $5,000 to $10,000 for each subsequent violation. 2. No inspection of records without warrant or subpoena: Employers, and others acting on their behalf, may not voluntarily provide immigration enforcement agents the ability to access, review, or obtain the employer’s employee records without a subpoena or … Continue reading

In: Employer Postings, Employment Law, New Laws, Uncategorized | Leave a comment