HR Alert

California Releases Guidance and FAQs on Immigrant Worker Protection Act

Law Currently in Effect

California has issued guidance and FAQs on the state Immigrant Worker Protection Act to help employers comply with the law.

Guidance and FAQs

Among other things, the guidance and FAQs address the following topics regarding the Immigrant Worker Protection Act:

  • Employer prohibitions;
  • Employer requirements;
  • Penalties;
  • Clarifications of terms used in the law; and
  • The law's interaction with federal requirements.

Background

The Immigrant Worker Protection Act is currently in effect and applies to employers of all sizes. Among other things, the law:

  • Sets forth certain prohibitions on employer conduct if an immigration enforcement agent seeks to enter the employer's place of business or requests employee records (subject to specified exceptions); and
  • Mandates that employers comply with specific notice requirements to employees if the employer receives notice from an immigration agency of an upcoming inspection of I-9 Employment Eligibility Verification Forms or other employment records.

Employers with questions as to the law's impact on workplace policies and practices should contact a knowledgeable employment and/or immigration law attorney.


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