Labor & Employment Law Blog

On July 5, 2018, U.S. District Judge John Mendez of the Eastern District of California struck down two provisions of AB 450 (United States v. California (No. 218-cv-490-JAM-KJN)).  Judge Mendez held that the U.S. government is likely to succeed on the merits in challenging parts of AB 450 that barred employers from voluntarily consenting to federal enforcement agents’ access to nonpublic areas of business, and barred employers from voluntarily allowing immigration agents access to employee records.  Further, Judge Mendez struck down the provision prohibiting employers from re-verifying a worker’s employment status, but upheld one part of AB 450, requiring that employers post notice of any inspections of employment eligibility documents.

Late last year, the United States Citizenship and Immigration Services (“USCIS”) issued a final rule revising Form I-9 and the list of documents that are acceptable to verify identity and employment authorization.  Beginning September 18, 2017, all employers must use the revised I-9 Form dated “7/17/2017 N” for new hires or rehires.  The new Forms, Instructions, and related documents may be ...