Effective January 1, 2018, except as otherwise required by federal law, section 90.2(a)(1) of the California Labor Code requires employers to provide notice to current employees of any inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency by posting a Notice, in the language the employer normally uses to communicate employment-related information to the employee, within 72 hours of receiving notice of the inspection.
U.S. Immigration and Customs Enforcement (ICE) Form I-9 notices have continued to soar this year. As ICE worksite enforcement has been increasing, California employers need to comply with the new state template when served with a Form I-9 audit notice. The California Labor Commissioner’s Office published a new template for employers which focusses on the state’s new law when receiving a Form I-9 inspection notice and the protection on immigrant rights.
Pursuant to Labor Code section 90.2(a), employers are required to provide notice to employees of any inspection of I-9 Employment Eligibility Verification forms or other employment records by an immigration agency by posting a notice within 72 hours of receiving the notification of inspection. Assembly Bill 450, which added Labor Code section 90.2 (a), prohibits unfair immigration-related practices against a person exercising specified rights.
Employers must provide, upon request, a copy of the federal notice of inspection to the requesting employee. The law also indicates that employers should publish the notice, which means that it should be at the employer’s worksite in a place frequently visited by employees where it can be seen and read. The California Department of Industrial Relations has provided the sample NOI notice in the webpage under workplace postings. Unions can also request to be handed over the notice.
The law also requires the sample NOI notice should include: (a)the copy of the federal agency’s notice of inspection received by the employer; (b)the date on which the employer received the NOI; (c)the date of the inspection; (d)the scope of the federal agency’s inspection; (e)the employer’s obligations concerning providing information within the scope of the federal agency’s notice of inspection; (f)telephone number for a hotline operated by an organization that provides information and advocacy related to immigrant and refugee worker’s rights; and(g) the list of items requested in the inspection.
After the inspection and within 72 hours of receiving the inspection results, employers must provide a copy of the results and a written notice of the employer’s and employee’s obligations arising from the inspections to each employee identified by the inspection results as not having adequate work authorization or lacking needed documents.
The notice must relate only to the affected employee and must be given in person at the workplace. If that’s not possible, the notice must be delivered by mail or email.
Non compliance can result in fines for employers anywhere between $2,000 and $10,000 for each violation of the notice requirements. In addition to that, the state and federal law can impose further fines for failing to adhere with worker authorization requirements.