An unexpected visit from Immigration and Customs Enforcement (ICE) can be disruptive and stressful. Employers who prepare in advance—and respond carefully—can protect their businesses, avoid unnecessary liability, and maintain order during a difficult situation.
ICE has raised the stakes for I-9 audits. New rules have changed some technical violations of Form I-9 to substantive violations.
With all of the buzz about potential impending raids by U.S. Immigration and Customs Enforcement (“ICE”), many employers are understandably concerned about the rights of their employees, as well as their own rights and obligations with respect to ICE activity.
Employers must be careful to not provide assistance to employees beyond providing factual information about
On July 5, 2018, a federal judge in the Eastern District of California granted the U.S. Department of Justice’s (“DOJ”) request to temporarily prevent the state of California from enforcing key provisions of AB 450, one of three “sanctuary” laws that Governor Jerry Brown signed into law on October 5, 2017, and which took effect on January 1, 2018. AB 450, known as the Immigration Worker Protection Act, provides that California employers:
On October 5, 2017, California Governor Jerry Brown signed AB 450. With the passage of this bill, California becomes the first state in the nation to enact a law prohibiting employers from providing voluntary assistance to immigration enforcement agents during workplace investigations.
Earlier this year, U.S. immigration authorities conducted a series of high-profile raids of
In light of the current administration’s approach to immigration enforcement, it is important that employers understand their legal rights and responsibilities when faced with potential raids by U.S. Immigration and Customs Enforcement (“ICE”) or local police acting in cooperation with ICE. Understandably, many employers will want to ensure not only that they are complying with the law, but also that they are looking out for their employees. Employers must be careful, however, not to provide too much assistance and cross the line between compassionate and criminal behavior.
Continue Reading Protecting Your Company and Your Employees During an ICE Raid
On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in California.
California law defines employees “employed in an agricultural occupation” broadly to include any employment relating to the cultivation or harvesting of agricultural commodities; the raising, feeding, and management of livestock; or the maintenance and improvement of a farm and/or farm equipment. Prior to the signing of AB 1066, such employees were entitled to time-and-a-half pay after working 10 hours in a day or 60 hours in a week. This is substantially different from the overtime laws for other California employees, where overtime pay typically kicks in after eight hours in a day or 40 hours in a week.
Continue Reading Expanding Overtime to Farmworkers: Will California Start a Trend?
It has become an annual New Year’s tradition in California — employers getting up to speed on a host of new employment laws that will affect them in the coming year. The California Legislature was busy in 2013 imposing new burdens on employers for 2014 and beyond. We previously blogged about an increase in the state minimum wage and a statutory clarification of the definition of sexual harassment, but those new laws are only the tip of the iceberg. Here’s our annual summary of the most important new laws affecting California employers.
Continue Reading A Not-So Happy New Year for California Employers: 2014 Legislative Update
As a friendly reminder, employers must update two key employment forms this month. As of March 8th, employers must begin using the most recent FMLA poster issued by the Department of Labor. The updated poster reflects the DOL’s final rule concerning military related leave available under FMLA. The DOL has also issued new FMLA forms to
The 59th legislative session of the Utah State Legislature ended last week. Below is a list of the winners and losers from legislative session preview post on February 18, 2011(and a couple of notable additions).
WINNERS
Immigration – Three highly controversial immigration bills affecting employment passed Utah’s House and Senate and were signed by
Immigration was one of the top issues in the 2011 Utah Legislative session, which concluded last week. Contrary to early predictions, Utah did not adopt a carbon-copy of Arizona’s controversial immigration law. In fact, even the “enforcement” legislation, which got so much attention before the session, passed only after it was amended to remove language