Labor & Employment Law Blog

The Labor Commissioner also published an FAQ, detailing compliance requirements of AB 450.

The notice the employer must provide needs to include the following information:

1. The name of the immigration agency conducting the inspections of I-9 Employment Eligibility Verification forms or other employment records.
2. The date that the employer received notice of the inspection.
3. The nature of the inspection to the extent known.
4. A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms for the inspection to be conducted.

The notice must be provided in the language the employer normally uses to communicate employment-related information to the employee.  Currently, the notice is available in English (http://www.dir.ca.gov/DLSE/Notice_to_Employee.html) and in Spanish (http://www.dir.ca.gov/DLSE/Spanish/Notice_to_Employee.html).

Notably, the FAQ states that the employer’s notice requirement is triggered only by receipt of a Notice of Inspection, but not triggered by a mere visit by immigration enforcement agency.

Once the inspection by the immigration agency is completed, the employer has additional notice obligations.

Within 72 hours of receiving the results of the inspection, an employer must provide to each current “affected employee” and their representative, if one exists, a copy of the written results of the investigation, and the obligations of the employer and the affected employee arising from the results of the inspection.

An “affected employee” is an employee who is identified by the immigration agency who may lack work authorization or an employee whose work authorization documents have been identified by the immigration agency as deficient.

The notice must be limited to the employee only and must be delivered by hand at the workplace if possible.  If hand-delivery is not possible, the employer must deliver the notice to the employee by mail and email (if known).  The notice must also be provided to the employee’s authorized representative.

This notice must include the following information:

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.
4. Notice that the employee has the right to representation during any meeting scheduled with the employer.

Currently, there is no template for this second notice.

We previously outlined details of AB 450 on this blog.

For more information concerning employer’s notice obligations pursuant to AB 450 or general questions regarding AB 450, please contact one of the authors or attorneys in the Private Labor and Employment Group or visit our website at www.aalrr.com.