The California Labor Commissioner recently reminded California employers about California’s immigration laws and protections, highlighting that they protect every worker in the state — regardless of immigration status — including protecting workers from unfair immigration-related practices and retaliation.
As previously reported, this year has seen increased immigration enforcement across the country, so it’s important for employers to know their legal obligations, including:
• Form I-9 compliance and document retention.
• How to respond to enforcement actions, such as Form I-9 audits.
• Worker protections under both federal and state law.
Completing the Form I-9 for all new hires is required for all employers. Employers must always use the most recent version of the Form I-9 issued by the U.S. Citizenship and Immigration Services (USCIS) and strictly follow all rules for timely completing the form, inspecting employee documents and document retention.
When completing the Form I-9, employers must ensure that the employee receives a copy of the instructions to complete Section 1 and understands the documentation they are required to provide the employer. Once Section 1 is completed, employers must receive documentation from the employee that verifies their authority to work in the United States as well as their identity. An error that employers must avoid is requesting specific documents to complete Section 2. Under the law, the employee is allowed to...
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