This law expands the Labor Commissioner’s power to commence an investigation of an employer – with or without a retaliation complaint being filed – when retaliation by the employer against an employee is suspected during the course of adjudicating a wage claim, a field inspection or in instances of suspected immigration-related threats in violation of the Labor Code. The Labor Commissioner is further authorized to
Immigration
California Becomes a “Sanctuary State,” Restricts Employer Cooperation With Federal Immigration Authorities
On Thursday, October 5th, California Gov. Jerry Brown signed into law nearly a dozen new immigration-related bills, including AB 450, which prohibits employers from cooperating with federal immigration authorities in the absence of a judicial warrant or court order. Among other things, the new law:
- Prohibits employers from voluntarily consenting to an immigration enforcement agent’s entering nonpublic areas of the workplace without a warrant;
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Foreign National Who Worked For Travel Tour Company Was An Employee, Not An Intern Or Exempt Manager
Kao v. Joy Holiday, 2017 WL 2590653 (Cal. Ct. App. 2017)
Ming-Hsiang Kao was employed by Joy Holiday (a travel tour company) initially performing IT-related duties and then eventually as its office manager. While he was still in Taiwan, Kao worked with Jessy Lin (one of the owners of Joy Holiday) as a tour organizer. Kao later arrived in California on a tourist visa…
Employer’s Attorney May Be Liable For Retaliation Under FLSA
Arias v. Raimondo, 2017 WL 2676771 (9th Cir. 2017)
José Arnulfo Arias worked as a milker for Angelo Dairy. The dairy did not complete and file a Form I-9 when it hired Arias. According to the appellate court, “[i]nstead of complying with federal law, the Angelos wielded it as a weapon to confine Arias in their employ” by threatening to report Arias to the…
Immigration-Related Protections Expanded
This bill makes it unlawful for an employer to request more or different documents than are required under federal immigration law, to refuse to honor documents tendered that on their face reasonably appear to be genuine, to refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work, or to reinvestigate or reverify an…
E-Verify Use Is Restricted
This law expands the definition of an “unlawful employment practice” to prohibit an employer or any other person or entity from using the E-Verify system at a time or in a manner not required by a specified federal law or not authorized by a federal agency memorandum of understanding to check the employment authorization status of an existing employee or an applicant who has not…
The Word “Alien” Is Stricken From The California Labor Code (SB 432)
Section 1725 of the California Labor Code defines “alien” as “any person who is not a born or fully naturalized citizen of the United States.” Section 2015 sets forth the “preference for employment” for the extension of public works by the state and requires the extension of such preference “First, to citizens of this State. Second, to citizens of other States within the United States……
Immigrant Who Used Someone Else’s SSN To Obtain Employment Was Properly Deported To Mexico
Ibarra-Hernandez v. Holder, 770 F.3d 1280 (9th Cir. 2014)
Gloria Ibarra-Hernandez, a native and citizen of Mexico, sought review of a final order of removal from the United States after the Board of Immigration Appeals (the “Board”) held that she was ineligible for cancellation of removal following her conviction for taking the identity of another in violation of Arizona state law. Ibarra-Hernandez admitted at…
Employee Who Used False SSN To Obtain Employment Was Properly Deported
Graciela Hernandez de Martinez, a native and citizen of Mexico, petitioned for review of a final order of removal from the United States. The Board of Immigration Appeals held that she was statutorily ineligible for cancellation of removal because of her conviction for violation of an Arizona statute prohibiting…
“Unauthorized Alien” Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit
Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014)
Vicente Salas worked on Sierra Chemical’s production line, filling containers with various chemicals. At the time of his hire, Salas provided Sierra with a resident alien card and a Social Security card and signed an Employment Eligibility Verification Form (I-9 Form). After allegedly injuring his back several times and presenting doctors’ notes…