AB 2827

Bill Subjects

Abstract

Existing law imposes various requirements on public and private employers with regard to federal immigration agency worksite enforcement actions, including, except as otherwise required by federal law, prohibiting an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant or to access, review, or obtain the employer's employee records without a subpoena or court order, except as specified. Existing law, except as specified, subjects an employer who violates these prohibitions to civil penalties of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, to be enforced by the Labor Commissioner or the Attorney General in a civil action. This bill would authorize an employer to provide voluntary consent to an immigration enforcement agent to enter any nonpublic areas of a place of labor, in the absence of a federal law requirement. The bill would define "voluntary consent" for those purposes. The bill would delete the penalties for a violation of entry and record access provisions. The bill would require a court to grant a prevailing defendant court costs and reasonable attorney's fees. Existing law, except as required by federal law, requires an employer to provide a current employee notice containing specified information, by posting in the language the employer normally uses to communicate employment information, of an inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving the federal notice of inspection. Existing law requires an employer, upon reasonable request, to provide an affected employee a copy of the notice of inspection of I-9 Employment Eligibility Verification forms. Existing law requires the Labor Commissioner, by July 1, 2018, to create a template for these purposes and make it available, as specified. Existing law requires an employer to provide to a current affected employee, and to the employee's authorized representative, if any, a copy of the written immigration agency notice that provides for the inspection results and written notice of the obligations of the employer and the affected employee arising from the action, as specified. Existing law defines "affected employee" for these purposes. Existing law prescribes penalties for failure to provide the notices of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, except as specified, to be collected by the Labor Commissioner. This bill would delete those penalties. Existing law, except as required by federal law, prohibits an employer from reverifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law. Existing law prescribes a penalty of up to $10,000 for a violation of this prohibition to be recoverable by the Labor Commissioner. This bill would modify that prohibition to allow reverification if the employer receives specific and articulable information that causes the employer to believe reverification is necessary. The bill would delete the penalties for a violation.