California Employment Law Update

Tag Archives: immigration

October 2022 California Employment Law Notes

We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading

Employer May Not Inquire Into Former Employee’s Immigration Status

Manuel v. Superior Court, 82 Cal. App. 5th 719 (2022) Rigoberto Jose Manuel sued his former employer, BrightView Landscape Services, Inc., for wrongful termination after he was injured on the job.  Manuel alleged his employment was terminated in retaliation for his job injury; BrightView asserted that Manuel failed to return to work due to federal … Continue Reading

May 2022 California Employment Law Notes

We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading

Employer May Have Violated Federal Law On Forced Labor By Abusing Visa Program

Martinez-Rodriguez v. Giles, 2022 WL 1132809 (9th Cir. 2022) Plaintiffs are six citizens of Mexico (all licensed in Mexico as either animal scientists or veterinarians) who were recruited to work as “Animal Scientists” at Funk Diary in Idaho under the TN Visa program for professional employees, as established under the North American Free Trade Agreement … Continue Reading

Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down

United States v. California, 314 F. Supp. 3d 1077 (E.D. Cal. 2018) United States District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state law that restricts private employers from cooperating with federal immigration enforcement.  Among other things, the … Continue Reading

Some California “Sanctuary State” Employer Obligations Are Struck Down

On July 4th, U.S. District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state law that restricted private employers from cooperating with federal immigration enforcement. See our previous blog post regarding the lawsuit here. Among other things, the law … Continue Reading

Federal Government Challenges California’s “Sanctuary State” Status

  On Tuesday, the United States of America filed a lawsuit in federal court in Sacramento, naming California Governor Jerry Brown and Attorney General Xavier Becerra as defendants, and claiming that California’s proclaimed status as a “sanctuary state” puts federal agents in danger. Specifically, the lawsuit targets three state laws that became effective on January … Continue Reading

California Supreme Court Limits Recovery for Employees Who Misrepresent Their Immigration Status

On June 26, 2014, the California Supreme Court handed down Salas v. Sierra Chemical, a case at the intersection of employment and immigration law. Salas, a former employee of Sierra Chemical, filed suit alleging disability discrimination and wrongful termination. Prior to trial, Salas notified the court that he would assert a Fifth Amendment privilege to … Continue Reading

Detention Officers’ State Law Wage Claims Were Not Subject To Exclusive Federal Remedy

Naranjo v. Spectrum Sec. Services, 172 Cal. App. 4th 654 (2009) Gustavo Naranjo worked as a detention officer for Spectrum, which provides security services in holding facilities and detention centers throughout Los Angeles County under a contract with federal Immigration and Customs Enforcement (“ICE”). The terms of Spectrum’s contract with ICE rely on wage and … Continue Reading

State Law Sanctioning Employers That Hire Illegal Aliens Is Not Preempted By Federal Immigration Law

Chicanos Por La Causa, Inc. v. Napolitano, 544 F.3d 976 (9th Cir. 2008) In 2007, Arizona enacted the Legal Arizona Workers Act (the “Act”), which targets employers that hire illegal aliens and provides a principal sanction in the form of a revocation of state licenses to do business in Arizona. Various businesses and civil-rights organizations filed this … Continue Reading

Employer Breached Contract By Quickly Terminating Employees With “No Match” Letters From Social Security

Aramark Facility Services v. SEIU, 530 F.3d 817 (9th Cir. 2008) Aramark received letters from the Social Security Administration indicating that information relating to 48 of Aramark’s employees at Staples Center did not match the SSA’s database. Suspecting immigration violations, Aramark told the employees they had three days to correct the mismatches by proving they had … Continue Reading
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