I9-Verification

I-9 Inspection: Severe Civil Penalties for Employers in California if Served with NOI

01.19.2018

Author

Jeff Aleixo

assembly-bill-i9-update

In California, employers have another penalty to worry about when it comes to immigration related practices, particularly I-9 inspection process.

Signed by Governor Jerry Brown on October 5, 2017, and effective January 1, 2018, CA Assembly Bill 450 has several provisions that enforce stricter I-9 inspection process and propose severe fines for noncompliance. Here’s a simplified explanation of how the newly passed bill influences employers.

No Voluntary Consent Without Warrant

An employer cannot provide voluntary consent to an immigration enforcement agent to any nonpublic areas of a place of labor without a warrant.

An employer who violates this provision (Section 7285.1 of the CA Government Code) is subject to a civil penalty of:

  • Two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation,
  • Five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation.
Use the comprehensive guide to find out how to complete the Form I-9 properly, be in accordance with legislation, remain compliant, and prevent any violations.

Employees Must Be Notified of An I-9 Inspection

The Bill also includes several provisions aimed at notifying employees once a Notice of Inspection of I-9 Employment Eligibility Verification has been received.

These provisions were added to the CA Labor Code 90.2 and 1019.2 where the employer must:

Provide a notice to each current employee of any inspections of Form I-9 or other employment records conducted by an immigration agency within 72 hours of receiving notice of the inspection.

Mandatory Elements of Notice

The posting must contain the following:

  • Be in the language the employer normally uses to communicate employment-related information to the employee.
  • The name of the immigration agency conducting the I-9 inspection.
  • The date that the employer received notice of the inspection.
  • The nature of the inspection to the extent known
  • A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms for the inspection to be conducted.
  • Upon reasonable request, shall provide an affected employee a copy of the Notice of Inspection of I-9.

Severe Civil Penalties Due to Violations

An employer who violates this Section 90.2 of the CA Labor Code is subject to a civil penalty of:

  • Two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation,
  • Five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation.

Safety Measures Against Fineable Offenses

If you think these are not enough of a reason to comply with CA AB 450, the Bill has additional language aimed at prohibiting the employer from reverifying eligibility of employment. The penalty for doing so subjects the employer to a fine of up to ten thousand dollars ($10,000).

Having employees complete paper I-9’s and/or using an electronic solution that is not integrated with E-Verify opens up the possibility of fineable offenses.

Protect your budget from clerical errors by using I-9 electronic platform that is fully integrated with eVerify, and ensure I-9 compliance, cost-effectiveness, and 24/7 support.
prepare-for-i9-audits

Stay Up-to-Date
Subscribe to our newsletter and get news, tips, expert opinions and a range of resources straight to your inbox.