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March 6, 2018

Immigrant Worker Protection Act Notice Now Available

The California Labor Commissioner’s Office has released a template notice form to help employers comply with the posting requirements under California Labor Code section 90.2(a)(1) (the “Immigrant Worker Protection Act” or AB 450), which went into effect on January 1, 2018.  

As reported here, the new law requires California employers to notify their employees within 72 hours of any immigration law compliance inspection or audit initiated by federal agencies. The one-page template notice is compliant with AB 450’s notice provisions, simply requiring the employer to check the appropriate boxes on the form, fill in the dates, and post the notice (along with the inspection notice(s) received from the federal agency) in a conspicuous location. The template notices are available in English and Spanish on the Department of Industrial Relations website.

Employers are advised to download the notice in the languages their employees speak to ensure they are in compliance with the new law in the event they are contacted by immigration agencies. Employers should develop plans and procedures prior to any worksite inspection. Employers may be subject to civil fines ranging from $2,000 to $10,000 per violation, if they fail to comply with new law.