There has been much media attention focused recently on the Immigration and Customs Enforcement (“ICE”) efforts to crack down on illegal immigration, particularly in Southern California. While immigration enforcement lies within the province of the federal government, ICE’s actions have provoked a strong response from the State of California.
Recently, the California Labor Commissioner’s Office has published detailed information about employee rights and employer responsibilities regarding the ICE enforcement actions. It is vitally important to understand these policies to ensure that employers do not face administrative action or civil fines from the State of California for violating any State law.
Per the Labor Commissioner, workers who file wage claims, retaliation complaints or exercise other rights under California labor laws are not required to disclose their immigration status. The Labor Commissioner’s Office does not ask about the immigration status of any individual seeking assistance or protection under California labor law.
Likewise, the State reminds employers that workers are protected from unfair immigration-related practices, including retaliation. It is unlawful for an employer to retaliate against a worker for exercising any of these protections and for not complying with notice requirements with respect to immigration enforcement at worksites. Violations of these laws may subject an employer to penalties of up to $10,000 per violation.The Labor Commissioner’s Office has complied a chart of statutes implicated by the recent ICE enforcement actions as follows:
| Labor Code Section | Description |
| 90.2 | An employer must provide timely notification to employees of immigration enforcement actions at work (employers may use the Labor Commissioner’s free template notice). Employers must provide affected employees with the results of the inspection and inform them of their right to representation to address deficiencies. |
| 98.6 | An employer must not retaliate against a worker for filing a claim or complaint with the Labor Commissioner or otherwise asserting their rights under California labor laws. |
| 244 | It is an adverse action when an employer reports or threatens to report the suspected immigration or citizenship status of an employee, former employee, prospective employee or a relative because the employee exercised a right under the Labor Code, Government Code, or Civil Code. |
| 1019 | An employer must not commit unfair immigration-related practices, such as requesting more or different documents than required by federal law; misusing E-Verify; filing or threatening to file a false report with a government agency; and threatening to contact or contacting immigration authorities when an employee has engaged in activities protected by the Labor Code and local ordinances. |
| 1019.1 | An employer who violates Labor Code section 1019 may face a penalty of up to $10,000 per violation. |
| 1019.2 | An employer who verifies employment eligibility in a manner not required by federal law may face a $10,000 penalty. |
| 1171.5 | Workers are entitled to all protections available under state law, regardless of immigration status. |
Further, under California’s unfair immigration practices laws, employers are prohibited from:
- Requesting more or different documents than required by federal law
- Misusing E-Verify
- Threatening to file a false report with a government agency
- Threatening to contact or contacting immigration authorities
Lastly, employers are legally required to comply with notice provisions informing employees of immigration enforcement at the workplace and notifying their authorized representative (if any) of the activity and outcome.
In the current environment, we are likely to see enforcement actions by the State of California against employers who break these rules. It is important to ensure that your business in compliance. If you require additional information regarding compliance with any of these regulations, please contact Lanak & Hanna.
