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CA Employers Must Notify Employees of Immigration Inspection
Editor's Note
CA Employers Must Notify Employees of Immigration Inspection
California employees are protected by all state employment laws regardless of their immigration status. And there are some additional laws that provide immigrant employees with specific protections, especially for exercising their rights as employees.
For example, if ICE comes to the worksite and demands to inspect I-9's, the employer must notify all employees within 72 hours of receiving the notice of inspection. Here's the form to give employees notice. If there are issues with someone's I-9, California employers must also let any affected employees know and that they are entitled to representation to address any problems.
California employers also cannot discriminate or retaliate against any immigrant employees for exercising their employment rights to make discrimination, wage and hour, or other claims. This expressly includes threatening to or actually turning an employee into ICE or other authorities. Don't do this.
I had no idea these laws existed because I've never had to deal with them. Thank goodness. But I am glad they are there because discrimination based on someone's national origin is still illegal under both state and federal employment law.
Here's more on the CA Labor Commissioner's latest news release reminding employers of these laws from Davis Wright Tremaine.
- Heather Bussing
California Labor Laws Protect Every Worker in the State, Regardless of Immigration Status
by Judith Droz Keyes and Jaime Walter
What employers should know amid ICE enforcement actions
In light of recent immigration enforcement efforts at the federal level, the California Labor Commissioner issued a news release on Monday, June 9, 2025, pointedly reminding employers that the state's labor laws protect every worker in the state, regardless of immigration status. The Labor Commissioner cited multiple laws that provide such protection and reminded employers that those who violate the laws can face penalties of up to $10,000 per violation. (Labor Code Sections 90.2, 1019, 1019.1 and 1019.2)
The news release contains a chart summarizing some of the protective laws, including the following:
- Employers must timely notify employees of immigration enforcement actions at the workplace and must notify affected employees of the result of the action as well as their right to representation. (Labor Code Section 90.2)
- Employers may not report or threaten to report the suspected immigration or citizenship status of an employee, former employee, prospective employee, or a relative because the individual exercised a right under the Labor Code, Government Code, or Civil Code. (Labor Code Section 244)
- Employers must not commit unfair immigration-related practices including:
- Requesting more or different documents than required by federal law.
- Misusing E-Verify.
- Filing or threatening to file a false report with a government agency.
- Threatening to contact or contacting immigration authorities because the employee engaged in activities protected by the Labor Code. (Labor Code Section 1019)
These protections extend to every employee who works in California regardless of whether they work on-site or remotely, permanently or temporarily.
