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HomeMy WebLinkAboutAb 450 - Legislative Counsel's Summary Menchaca, Clarissa From: McCracken, Shari Sent: Monday, April 23, 2018 2:54 PM co: Lambert, Steve; Kirk, Maureen; Connelly, Bill; Teeter, Doug;Wahl, Larry Cc: Clerk of the Board; Ring, Brian Subject: AB 450 - Legislative Counsel's Summary Attachments: AB 450 - Legislative Counsel Summary.docx; State AG Guidance - AB 450.pdf Board Members, Per a request from a couple of Supervisors, attached for your information are the Legislative Counsel's summary of, and the State Attorney General's guidance on, AB 450. AB 450 is a bill that is included in the resolution opposing SB 54 that you will consider tomorrow, per Board direction on April loth. Shari Interim Chief Administrative Officer Butte County Administration 25 County Center Drive, Suite 200, Oroville, CA 95965 T: 530.552.3305 W 530,990,5029 ***Please not(-this is a new phone number and Update your records accordingly"I'" Twitter I Facebook I YouTube I Pinterest Assembly Bill No.450 CHAPTER 492 An act to add Sections 7285.1,7285.2,and 7285.3 to the Government Code,and to add Sections 90.2 and 1019.2 to the Labor Code,relating to employment regulation. [ Approved by Governor October 05, 2017. Filed with Secretary of State October 05, 2017. 1 LEGISLATIVE COUNSEL'S DIGEST AB 450,Chiu.Employment regulation: immigration worksite enforcement actions. Existing law prohibits an employer or other person or entity from engaging in,or to directing another person or entity to engage in,unfair immigration-related practices against a person for exercising specified rights. Existing law defines unfair immigration- related practices for these purposes. Existing law grants the Labor Commissioner access to places of labor and authorizes the commissioner to conduct investigations and prosecute actions in relation to the prescribed duties of the office.Existing law creates the Labor Enforcement and Compliance Fund,moneys in which,upon appropriation by the Legislature,are available to support the Division of Labor Standards Enforcement. This bill would impose various requirements on public and private employers with regard to federal immigration agency immigration worksite enforcement actions.Except as otherwise required by federal law,the bill would prohibit an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant,except as specified. Except as required by federal law,the bill would prohibit an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to access,review,or obtain the employer's employee records without a subpoena or court order, subject to a specified exception.The bill would grant the Labor Commissioner or the Attorney General the exclusive authority to enforce these provisions and would require that any penalty recovered be deposited in the Labor Enforcement and Compliance Fund.The bill would prescribe penalties for failure to satisfy the prohibitions described above of$2,000 up to$5,000 for a first violation and$5,000 up to$10,000 for each subsequent violation,as defined.The bill would specify circumstances for which penalties do not apply. The bill,except as required by federal law, would require an employer to provide a current employee notice containing specified information,by posting in the language the employer normally uses to communicate employment information,of an inspection of 1-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving the federal notice of inspection.The bill would require an employer,upon reasonable request,to provide an affected employee a copy of the notice of inspection of 1-9 Employment Eligibility Verification forms.The bill would require the Labor Commissioner,by July 1,2018,to create a template for these purposes and make it available,as specified.The bill would require an employer to provide to an affected current employee,and to the employee's authorized representative,if any,a copy of the written immigration agency notice that provides for the inspection results and written notice of the obligations of the employer and the affected employee arising from the action,as specified.The bill would define affected employee for these purposes.The bill would prescribe penalties for failure to provide the notices of$2,000 up to$5,000 for a first violation and$5,000 up to $10,000 for each subsequent violation,except as specified,to be collected by the Labor Commissioner. Except as required by federal law,the bill would prohibit an employer from reverifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law.The bill would prescribe a penalty of up to$10,000 for a violation of this prohibition to be recoverable by the Labor Commissioner. EFFECTIVE JANUARY 1, 2018 IMMIGRANT WORKER PROTECTION ACT PLACES NEW OBLIGATIONS ON EMPLOYERS (Cal. Gov. Code§§ 7285.1,7285.2,7285.3 &Cal. Lab.Code§§ 90.2 and 1019.2) Starting January 1, 2018,the Immigrant Worker Protection Act(Assembly Bill 450) imposes various prohibitions and requirements on private and public employers with regard to worksite inspections by immigration enforcement agents. PROHIBITIONS. The Immigrant Worker Protection Act generally prohibits employers from granting immigration enforcement agents voluntary physical access to nonpublic areas of the worksite or access to employee records. Employers,or anyone acting on behalf of the employer,are prohibited,except as otherwise required by federal law,from: • Providing voluntary consent to an immigration enforcement agent(for example,a U.S.Immigration and Customs Enforcement agent) to enter nonpublic areas of a worksite. However,this provision does not apply if the agent provides a judicial warrant. • Providing voluntary consent to an immigration enforcement agent to access,review,or obtain the employer's employee records. However,this provision does not apply if the agent provides a subpoena or judicial warrant. In addition,this provision shall not apply to requests for I-9 Employment Eligibility Verification forms and other documents for which a Notice of Inspection has been provided to the employer. • Reverifying the employment eligibility of a current employee at a time or in a manner not required by Section 1324a(b) of Title 8 of the United States Code (generally requiring eligibility verification at time of hire). This provision of the law does not restrict or limit an employer's compliance with a memorandum of understanding governing the use of the federal E-Verify system. REQUIREMENTS. The Immigrant Worker Protection Act requires employers to notify employees of record inspections by federal immigration agencies. Employers are required, except as prohibited by federal law,to: • Provide each current employee (and the employee's authorized representative,if any) notice of an inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration enforcement agency within 72 hours of receiving notice of the inspection. Notice shall be by posting in the language the employer normally uses to communicate employment information to the employee and shall contain the following information: 1. The name of the immigration agency conducting the inspection, 2. The date that the employer received notice of the inspection, 3. The nature of the inspection to the extent known, and 4. A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms for the inspection to be conducted. Notice can be provided using the template available from the California Labor Commissioner: http:llwww.dir.ca.gov/DLSEILC 90.2 EE Notice.pdf • Provide,upon reasonable request,an affected employee a copy of the Notice of Inspection of 1-9 Employment Eligibility Verification forms. • Provide an affected current employee, and the employee's authorized representative,if any,a copy of the written immigration agency notice that provides the results of the inspection and written notice of the obligations of the employer and affected employee arising from the inspec- tion results within 72 hours of receipt of the notice of inspection results. Notice shall relate to the affected employee only and shall be hand delivered at the workplace,if possible,and if hand delivery is not possible,then by mail or email to the affected employee and the affected employee's authorized representative,if any. Notice shall contain the following infor- mation: 1. A description of any and all deficiencies or other items identified in the written immigration inspection results notice related to the affected employee, 2. The time period for correcting any potential deficiencies identified by the immigration agency, 3. The time and date of any meeting with the employer to correct any identified deficiencies,and 4. Notice that the employee has the right to representation during any meeting scheduled with the employer. THIS ADVISORY IS INTENDED TO ASSIST EMPLOYERS TO COMPLY WITH THE NEW LAW. Violations may subject employers to civil penalties in a suit brought by the California Attorney General and/or the State Labor Commissioner.In the case of a violation of the employment eligibility reverifi- cation provision, an employer shall be subject to a civil penalty of up to$10,000.The penalties for an employer's failure to comply with the other provisions of the law range from $2,000 up to$5,000 for the _. __first_violation..and_$5,.000 up.to.-$1.0,000-for...each-subsequent-violation. THIS ADVISORY SETS FORTH A SUMMARY OF SOME OF THE REQUIREMENTS OF THE IMMI- GRANT WORKER PROTECTION ACT.AFFECTED EMPLOYERS SHOULD CONSULT AN ATTOR- NEY TO ADDRESS ANY QUESTIONS ABOUT THEIR PARTICULAR CIRCUMSTANCES.