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New Laws For 2014: Retaliation & Unfair Immigration Practices (CA)


Each state has a host of new employment and labor related laws that take effect in 2014.  This series focuses on several new laws from around the country that are of particular interest.


California

AB 263 prohibits an employer from threatening to contact or actually contacting immigration authorities because an employee complained that he or she was paid less than minimum wage.

An additional aspect of AB 263 is its prohibition of "unfair immigration-related practices" when an employee asserts any rights protected by the California Labor Code or by any local ordinance applicable to employees. "Unfair immigration-related practices" include: (1) requesting more or different documentation than is sufficient under federal law governing employment verification, or refusing to honor such documents that on their face reasonably appear to be genuine, (2) misusing the E-Verify system, (3) threatening to file or the filing of a false police report, and (4) threatening to contact or contacting immigration authorities.

Under AB 263, the bill authorizes various penalties against employers who engage in unfair immigration related practices, including providing employees with a private right of action.


AB 524 clarified that a person may be guilty of criminal extortion if the person threatens to report the immigration status or suspected immigration status of an individual or his or her relative.


Employers should head these new developments and realize that just because an employee might have immigration related issues, that does not excuse the employer from failing to pay the employee minimum wage or threatening to report the employee's immigration status.  These new laws are very pro employee, as evidenced by the penalties that employers can be subjected to if they are in violation of these laws.



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