Consistent with its status as a “Sanctuary State,” new immigration-related California laws going into effect on January 1, 2018 will prohibit employers from:

(1) Providing voluntary consent to a federal immigration enforcement agent to enter any nonpublic areas of a place of labor unless the immigration enforcement agency provides a judicial warrant for entry, and

(2) Providing voluntary consent to a federal immigration enforcement agent to access, review, or obtain the employer’s records without a subpoena or judicial warrant, unless the request for review applies to I-9 Employment Eligibility Verification forms or other documents for which a Notice of Inspection has been provided to the employer.

In addition, employers will be required to provide a notice to each employee of any inspections of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving notice of the inspection.

Violation of these laws can expose an employer to penalties ranging from $2,000 to $10,000.

Click here to view the full text of these new laws.

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The above summary has been prepared for general informational purposes only and is not intended as legal advice.  

Bernstein & Friedland, P.C. is a boutique employment law firm in Los Angeles specializing in wrongful termination, discrimination, harassment, retaliation, and unpaid wage and overtime matters.  Please visit our website at www.laemploymentcounsel.com to learn more about us.

Polina Bernstein

Polina Bernstein

Polina Bernstein founded Bernstein & Friedland, P.C. in 2009 and is lead litigation counsel at the firm.

Diana Friedland

Diana Friedland

Diana Friedland is a partner at Bernstein & Friedland, P.C. Her practice focuses on employment litigation and counseling.

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