At the end of September 2016, the Governor signed into law Senate Bill No. 1001 that added Section 1019.1 to the California Labor Code.

The new statute makes it unlawful for an employer to request more or different documents than are required under federal 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 incumbent employee’s authorization to work, as specified.

The bill also authorizes an applicant for employment or an employee who is subject to an unlawful, prohibited act as set forth in the new statute to file a complaint with the California Division of Labor Standards Enforcement. Any person who violates the statute is subject
to a penalty imposed by the Labor Commissioner not exceeding $10,000, and can be liable for equitable relief.

To assure you do not violate Labor Code section 1019.1 do not require an employee or prospective employee to provide you with immigration status documentation beyond what is permitted and required by federal law, especially do not ask existing employees for any additional documentation. If you are in doubt about what you can and cannot request, consult with qualified legal counsel.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.