In October, we wrote about the California Immigrant Worker Protection Act, California Labor Code Section 90.2(a)(1), which went into effect on January 1, 2018. You can find that article here. That new law regulates employer interactions with federal Immigration and Customs Enforcement (ICE) agents. Specifically, it requires employers to ask for a warrant or subpoena before giving ICE access to a worksite or employer documents. It also requires employers to notify employees both before an audit of employee records and afterwards with the results of that audit within 72 hours of receiving notice of either the inspection or the results respectively.
Now, the Labor Commissioner has provided a template for employers to use when giving notice under the Act. That template can be downloaded from the Department of Industrial Relations website, here.
The form contains general information about California Labor Code Section 90.2(a)(1) and advises employees about the requirements of the Immigrant Worker Protection Act. It also contains fillable sections for the employer to inform the employee about which federal agency is conducting the audit, the date of the inspection, the location of the inspection, and the documents and/or information subject to the inspection.
California Immigrant Worker Protection Act: Keep the Workplace Working
- Train supervisors, receptionists, and anyone else likely to interact with ICE on how to stay within the requirements of Labor Code Section 90.2(a)(1).
- Become familiar with the new Labor Code Section 90.2(a)(1) Notice.
- Review existing company policies to ensure they comply with the new law.
- Consider drafting a policy stating how the employer will interact with ICE.