Amid rising concerns over increased Immigration and Customs Enforcement (ICE) enforcement actions within the state, the California Labor Commissioner issued an important reminder to all employers; that California’s labor laws protect every worker in the state, regardless of immigration status. 

In California, workers do not need to disclose their immigration status when filing wage claims, retaliation complaints, or exercising other protected rights. Immigration-related threats in response to an employee exercising a legally protected right are also prohibited. Additionally, the Labor Commissioner’s Office does not inquire about the immigration status of individuals seeking assistance or protection under California labor law.   

A Few Key Reminders for Employers.  

An employer may not: 

• Refuse to honor authorization documents that appear genuine. 

• Threaten to call immigration authorities. 

• Report an employee or their family’s immigration status or engage in any other immigration-related practice in response to the employee exercising protected rights. 

In addition, employers must comply with California specific notice provisions, such as informing employees of any immigration enforcement actions at the workplace (e.g., I-9 audits) and, if applicable, notifying their authorized representative of the activity and outcome.