• California law requires an employer to notify its current employees of a federal immigration agency Form I-9 audit, and to provide results of such inspections to affected employees.
• California law prohibits employers from providing “voluntary consent” to federal immigration agents to access nonpublic areas or employment records without a judicial warrant or subpoena.

Assembly Bill (AB) 450, known as the Immigrant Worker Protection Act, took effect on January 1, 2018, and sets forth requirements for California employers in handling U.S. Department of Homeland Security (DHS) worksite enforcement actions, which include requests to access an employer’s worksites and/or employment records, as well as Form I-9 audits.

Form I-9 Audit

Notice of Inspection

California Labor Code section 90.2 requires employers to provide written notice to current employees when they receive a Notice of Inspection or Form I-9 audit from federal immigration authorities. The notice must be provided in writing and delivered to current employees within seventy-two hours of receiving the Notice of Inspection. The notice must be delivered in a manner to reach all current employees and, if applicable, the employees’ collective bargaining representative. Employers must also provide a copy of the Notice of Inspection to an employee upon request.

The California Department of Justice and the DIR jointly published a Frequently Asked Questions (FAQs) document on the Immigrant Worker Protection Act. The FAQs...

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