California Labor Code section 90.2(a)(1) prohibits California private and public employers from voluntarily consenting to a federal immigration enforcement agent’s request to enter nonpublic areas in the workplace or to voluntarily allow the agent access to employee records unless the agent provides a judicial warrant. The law requires employers to give its current employees a Pre-Inspection Notice within 72 hours of receiving a federal immigration agency’s notice of inspection (“NOI”) of employment records, including I-9 Employment Eligibility Verification forms.

The notice, to be posted, must include: (1) the name of the immigration agency conducting the inspection; (2) the date the employer received notice of the inspection; (3) the nature of the inspection to the extent known; and (4) a copy of the NOI.

The State recently released a one-page template Notice of Inspection Form. It can be downloaded from the Department of Industrial Relations website and includes instructions on what must be provided and how it must be provided to current employees.

Due to the tension between California and federal authorities over immigration policy, should you receive a NOI, immediately contact your attorney to help you navigate the minefield that authorities have created over immigration matters.

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.