New California I-9 Compliance

New California I-9 Compliance

New rules have gone into effect for California employers. Besides maintaining compliance with current federal regulations for form I-9, employers in California have a new set of regulations, as laid out in California Assembly Bill AB 450.

This new legislation adds additional responsibilities to the employer in regards to I-9 document reverification and immigration enforcement. Specifically, the employer must notify any employee if a review/inspection of their Form I-9 is being conducted by an immigration agency (or any other employment records for review by an immigration agency) within 72 hours of the employer receiving notice. According to the new regulation, the employee notification must be in the same language used for work-related communication, and it must include the following information:

  • The name of the immigration agency conducting the inspection
  • The date the notice of inspection was received by the employer
  • The nature of the inspection (to the extent known)
  • A copy of the original Notice of Inspection

The new law also states that employers are required “upon reasonable request” to provide a “written notice of the obligations of the employer and the affected employee arising from the action.” Under most circumstances, this notice cannot be mailed or sent electronically, but must be handed to the employee in person. 

Further, unless otherwise required by federal law, the employment eligibility of a current employee cannot be re-verified by an employer, and employers must take steps to secure non-public areas of the workplace from immigration enforcement agency enforcement personnel.

Federal law requires employers to fill out a new form I-9 for every new hire. Even without ever having hired an unauthorized worker, there can be  fines and penalties associated with incomplete/inaccurate I-9 forms and related procedures. Coupled with federal damages, failure to provide proper notices required under this new state legislation may result in penalties of up to $10,000 per employee.

The HIREtech I-9/E-Verify solution relieves employer burden and ensures accuracy and compliance. Contact us for more information.

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