AB 450 – What it Means to Your Operations
The following article is courtesy of the Saqui Law Group.
As the Saqui Law Group has reported here, here, and here, AB 450, the “Immigrant Worker Protection Act,” changes how employers are to deal with audits by immigration enforcement agents. Below, you’ll find a more detailed breakdown on notices that must be posted after having received a valid Notice of Inspection (“NOI”). This information was put together by Rob Roy of the Ventura County Agricultural Association, with whom the Saqui Law Group works closely.
If you are presented with a valid NOI, you must post a notice at the worksite in language the employer normally uses to communicate employment-related information to employees, within seventy-two (72) hours of receiving a NOI, communicating the following information to employees:
- The Immigration Agency, identified by name, has issued a NOI (a copy of which must also be posted also be posted at the same time) and will conduct inspections of I-9 Forms or other employment records.
- The date that the employer received the NOI.
- The “nature of the inspection” to the extent known.
- A copy of the NOI of I-9 Employment Eligibility Verification forms for the inspection to be conducted.
- Provide written notice to the employee’s authorized representative (usually a collective bargaining representative or union), if any, within seventy-two (72) hours of the Immigration Agency’s issuance of a NOI.
- Provide, upon reasonable request, affected employees with a copy of the NOI of I-9 employment eligibility verification forms.
Under AB 450, once the Immigration Agency notifies your business of the deficiencies, you are required to provide a second notice to all “affected employees” concerning the deficiencies noted. The Notice must relate to the affected employee only and shall be delivered by hand at the workplace if possible and, if hand-delivery is not possible, by mail and email, if the email address of the employee is known, and to the employees authorized representative, if any. According to AB 450, personalized notification to the affected employee must contain the following information:
- A description of any and all deficiencies or other items identified in the written immigration inspection results notice related to the affected employee.
- The time period for correcting any potential deficiencies identified by the Immigration Agency.
- The time and date with any meeting with employer to correct any identified deficiencies.
- Notice that the employee has a right to representation during any meeting schedule with the employer.
An “affected employee” is defined as “an employee identified by the Immigration Agency inspection results to be an employee who may lack work authorization, or an employee whose work authorization documents have been identified by the Immigration Agency inspection to have deficiencies.”
An employer who fails to provide the above notices as required by AB 450 may be subject to a civil penalty of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation. It is not clear from the statute as to whether this applies to a single audit or for each employee who has not received proper notification under the statute.
The Saqui Law Group is also attaching sample employee notification documents prepared by Mr. Roy as well as a blank version of a federal search warrant. Additionally, to hear Michael Saqui discuss what to do when ICE shows up, check out the most recent episode of the Saqui Law Group podcast here.