Bill AB 450-Chiu-D was amended March 23, 2017; and it basically is trying to deputize employers to be sanctuary employers for immigration. The bill imposes nearly impossible duties on employers, who will be caught between federal ICE investigators and state Labor Commissioner investigators. CALPASC is prioritizing this bill as its main focus of our annual day at the capitol, Specialty Contractors United. The penalties from the state can be assessed against the employer or any of its employees, at a minimum of $10,000 per violation, subject to a maximum of $25,000 per violation. Each of the following sections can be a separate violation! The bill would require employers to do the following in event of an ICE notice of investigation, or actual on site visit:
1. Require ICE to get a properly executed judicial warrant, before allowing them on the employer's property.
2. Require ICE to get a subpoena before examining any employee records.
3. Immediately notify the Labor Commissioner of the ICE intent to visit, or actual visit.
4. Give the Labor Commissioner full access to the worksite and to all employees, so they can educate the employees on their rights. Interesting that we have to stop ICE at the door, but the state Labor Commissioner gets to walk right in.
5. Within 24 hours, provide detailed information to all employees and their representatives of the ICE investigation.
6. Then, within 24 hours of the notice of ICE's investigation results, provide detailed information on those results to all employees and their representatives.
In addition to these provisions:
1. The Labor Commissioner may take this opportunity to do a full investigative audit of the employer's labor law compliance.
2. Cal/OSHA may take the opportunity to also do a wall to wall safety inspection.
3. The employer may not conduct any I-9 or other audits without first notifying the Labor Commissioner.
CALPASC members can help the cause by:
1. Attending the CALPASC Specialty Contractors United Day at the Capitol, May 17, 2017. CLICK HERE
to Sign Up
2. Supporting the CALPASC Specialty Contractors Coalition to upgrade our presence at the state Capitol, to work against bills like AB 199 and AB 450. CLICK HERE
3. Be prepared to participate in visits to state legislators in their district offices, which is where CALPASC can do excellent grass roots education of these legislators.