California Immigrant Worker Protection Act (AB 450) Template Now Available

California – Assembly Bill 450, signed by Jerry Brown on October 5, took effect January 1, 2018 and adds new provisions to the Government Code. To help employers comply with the notification and posting requirement, the bill required the Labor Commissioner to create a template by July 1, 2018 and is now available. Click HERE, then click on California to view and download the Notice of Inspection of I-9 Employment Eligibility Verification Forms.

What Employers Need to Know

1.) Beginning January 1, 2018, both public and private employers (and their agents) are prohibited from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant.

2.) The law also prohibits employers (or their agents) from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or court order.

Employers Must Post New Notice on July 1, 2018

3.) Employers will have to post to current employees a notice of inspection of Form I-9 (and any other employment records) by an immigration agency within 72 hours of receiving the federal notice of inspection, in the language the employer normally uses to communicate employment information.

4.) Employers, upon reasonable request, must also provide an affected employee (employees identified by the immigration agency as ones who may lack work authorization) with a copy of the notice of inspection of Form I-9s.

Immigration Inspection Deficiency Notice

5.) After an inspection, employers will have to provide the affected employee and the employee’s authorized representative a copy of the written immigration agency notice (the “Notice of Suspect Documents” or NSD) within 72 hours of receipt, including the result of such inspection if an employee is impacted, and obligations of the employee and employer as a result. This notice must be hand-delivered if possible, otherwise by mail and email, and should contain:

  • A description of any deficiencies identified in the notice;
  • The time period for correcting deficiencies;
  • The time and date of any meeting with the employer to correct deficiencies;
  • Notice that the employee has the right to representation during any meeting scheduled with the employer.

Violation Citation and Fines

6.) The California Labor Commissioner or Attorney General has the exclusive authority to enforce these provisions and can impose penalties of $2,000 up to $5,000 for a first violation, and $5,000 up to $10,000 for each subsequent violation under the law.

For a list of Frequently Asked Questions, visit https://www.dir.ca.gov/dlse/AB_450_QA.pdf

What Is My California Wage Order?

The California Industrial Welfare Commission (IWC) Wage Orders regulate wages, hours, and working conditions.  Employers must comply with the IWC Wage Order and California and Federal labor laws applicable to their business or industry.

For example, IWC Wage Order 1 applies to the manufacturing industry; Wage Order 4 applies to professional, technical, clerical, mechanical and similar occupations; Wage Order 7 applies to the mercantile industry; Wage Order 9 applies to the transportation industry; Wage Order 12 applies to the motion picture industry; Wage Order 14 applies to agricultural occupations; Wage Order 15 applies to household occupations; and Wage Order 16 applies to occupations in the construction, drilling, logging and mining industries.

Here are several things you need to know about the IWC Wage Order:

  • It is required for ALL employers in California to post a copy of the correct IWC Wage Order Poster under Labor Code 1183(d);
  • It is enforced by the California Labor Commissioner’s Office/Division of Labor Standards Enforcement (DLSE);
  • It is the number one required poster on the state’s list of required notices, listed even before the contents of our California and Federal Combination Poster;
  • It states at the very top of the California Minimum Wage notice, “Please post next to your IWC Industry or Occupation Order”.

The California Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement or DLSE, has created a pamphlet called “WHICH IWC ORDER?  Classifications” to assists employers and employees in determining which IWC Wage Order applies to a business or employee (available at http://www.dir.ca.gov/dlse/WhichIWCOrderClassifications.PDF).

Each California Wage Order covers regulations on topics such as:

  • Administrative, executive and professional exemptions;
  • Overtime wages;
  • Alternative workweeks;
  • Minimum wages;
  • Reporting time pay;
  • Records retention;
  • Cash shortage and breakage;
  • Uniforms and equipment;
  • Meals and lodging;
  • Meal periods;
  • Rest periods; and
  • Required posting of the order.

The Industrial Welfare Commission (IWC) provides 17 different California Wage Orders. However, the DLSE has not made a determination as to who is classified under the 17th Wage Order – Miscellaneous Employees. Every California employer should know the applicable Wage Order for her/his/its business and employees and the regulations regarding wages, hours and working conditions contained therein.

Here is a list of the 16 different IWC Wage Orders, excluding the one for miscellaneous employees.

(1) Manufacturing Industry (9) Transportation Industry
(2) Personal Services
(gyms, hair and nail salons, massage parlor, etc)
(10) Amusement & Recreation Industry (Amusement Parks, Bowling Alleys, Golf Courses, Ski Resorts, etc.)
(3) Canning, Freezing & Preserving Industry (11) Broadcasting Industry
(Broadcasting and Taping, TV and Radio Broadcasting)
(4) Professional, Technical, Clerical, Mechanical, and Similar Occupations
Teachers, Engineers, Real Estate Brokerage, Financial Firms, Legal Firms, Professional Firms, Travel Agencies, Non-Profit, Government Employees, etc.)
(12) Motion Picture Industry
(Film, TV, Video Production, Advertising Films, Casting, Wardrobe and Property Rental for Production, etc.)
(5) Public Housekeeping Industry (Restaurants, Hotels, Hospitals, Nursing Homes, Public Storage, Grounds and Property Maintenance, Schools with Dormitories, etc) (13) Agricultural Products for Market, On The Farm
(packing, processing, slaughtering, nut hulling/shelling/cracking, etc. when done on grower’s own land and product)
(6) Laundry, Linen Supply, Dry Cleaning and Dyeing Industry (14) Agricultural Occupations
(Field Workers, Fish Hatcheries, Wranglers, Cowboys/Cowgirls, etc.)
(7) Mercantile Industry
(purchasing, selling, or distributing goods or commodities at retail or Wholesale, or renting goods or commodities)
(15) Household Occupations
(Day Workers, Employees of private households)
(8) Industries handling products after harvest (not on the farm) (16) On-Site Construction, Mining, Drilling, Landscaping Industry

For the convenience of our valued customers, All In One Poster Company has created an all-in-one version of the California IWC Wage Order Poster, available in a 24″ x 39″ laminated poster format that can be purchased by itself, or as part of our California Packages that include a California & Federal Combination Poster.

Note: California employers must also comply with additional applicable local requirements, which might include city-specific minimum wage requirements that may be higher than the state minimum wage. All in One Posters has created this page that lists some of the major local posting requirements.

This article is intended as a guide in determining the classifications of businesses and occupations under the Industrial Welfare Commission Orders. These guidelines and classifications of employees are general in nature and the existence of specific facts and circumstances of the employment relationship and operations of a particular employer may require a different determination of proper classification that the general one set forth herein. As new types of businesses and occupations are constantly coming
into existence, there undoubtedly are businesses and occupations that have not been included on the state’s classification index. Additionally, as industry practices and business structures evolve, circumstances may dictate the change in classification of a particular occupation from one wage order to another wage order.