On January 1, 2018, the Immigrant Worker Protection Act created changes and new requirements for employers. In our last blog, we discussed the importance of updating your employee handbook every year due to new legislation taking effect. This act is a perfect example of that, but we want you to be aware of the new laws and what you need to know.
What is the Immigrant Worker Protection Act?
According to the Department of Industrial Relations (DIR), the Immigrant Worker Protection Act adds some restrictions on employer behavior when immigration enforcement agents show up at an employer’s business or request an employee’s records. Employers are expected to remain compliant with notices received from immigration agencies to inspect I-9 Employment Eligibility Verification Forms and any other confidential employment records. The act also “prohibits employers from reverifying employment eligibility of any current employee at a time or in a manner not required by federal immigration law.” You can review the frequently asked questions here to learn more about the specifics.
The State of California Department of Justice provides details about the prohibitions and requirements for employers here. It can be used as an educational tool and guide to get you in compliance with these new regulations. The DIR also has a notice available for employers to provide their current employees with an announcement of any I-9 inspections. You must have this paperwork on file and use it when the need arises. These documents are designed to enforce compliance and ensure that employers are aware of these important new regulations.
There are prices to pay if you do not comply with the new federal regulations. You could be fined up to $10,000 if you choose to ignore the rules or are not aware of them. Ignorance could greatly impact your business – big or small. Ensuring compliance demonstrates your care and concern for your employees.
RTR Consulting’s suggestions you be proactive when new legislation and regulations are put into effect. We suggest working with a consulting company that is always informed and up-to-date on the changing landscape of the workplace. We also think it is worth sharing the information company-wide. Depending on the size of your business, you can hold an internal meeting where your employees will become aware of the new changes or send out an informational email with supplemental documents. However you choose to do it, you must update your employees on the information because it affects their rights in the workplace.
RTR Consulting has more than 20 years devoted to developing effective and efficient human resources policies, procedures, and best practices for small, start-ups, and medium-sized businesses. Contact us today to build your strategy to lower your employment costs.