ADEA State Update

California Bill Encourages Private Employers to Protect Immigrants as Sanctuary City Debate Continues

(State Policy) Permanent link   All Posts

SanctuaryCitySignAB 450 prohibits public and private employers from letting immigration agents come into their worksites or view their employee files. On May 31, AB 450 passed the full Assembly and was sent to the Senate for further consideration. Democrats control all levels of state government in California, and state leaders have vowed to resist any and all anti-sanctuary city/campus policies coming from the federal government.

Specifically, AB 450 does the following:

1) Prohibits an employer from providing federal immigration enforcement agents access either to certain work areas without a properly executed warrant, except as otherwise provided by federal law, or to employee records without a subpoena. 

2) Requires an employer to provide certain notifications to an employee, or an employee’s representative, regarding federal immigration worksite enforcement actions or the results of those actions, and requires an employer to notify the California Labor Commissioner’s Office of these actions within a defined timeframe. 

3) Prohibits employers from checking the employment eligibility of current employees, except as required by federal law, and requires them to notify the Labor Commissioner before conducting these checks in instances when they are required by federal law. 

4) Prescribes penalties against employers for failure to satisfy the requirements and prohibitions, in an amount of $2,000 to $5,000 for a first violation and $5,000 to $10,000 for subsequent violations.

Duggan Dental