Are there any exceptions or exemptions for certain types of employers under California’s immigration compliance law?

there are exceptions and exemptions for certain types of employers under California’s immigration compliance law. The law, known as the California Immigration Worker Protection Act (AB 450), imposes certain obligations on employers regarding immigration enforcement activities. However, there are a few exceptions and exemptions that apply to specific types of employers.

Public Employers

The law does not apply to public employers, including state and local government agencies. Public employers are not required to comply with the specific provisions of AB 450.

Federal Contractors

Employers who are federal contractors or subcontractors are exempt from certain provisions of AB 450. This exemption applies when compliance with the law would conflict with federal law or when the employer is acting under a federal government contract that requires the employer to comply with different provisions related to immigration enforcement.

Employers Participating in E-Verify

Employers who participate in the federal E-Verify program are exempt from certain provisions of AB 450. E-Verify is an online system that allows employers to verify the employment eligibility of their employees. These employers are not required to provide notice to employees of immigration enforcement activities conducted by federal immigration authorities.

Employers Conducting Internal Audits

AB 450 allows employers to conduct internal audits of their employment records to verify compliance with federal immigration laws. Employers who conduct these audits are exempt from the requirement to provide notice to employees of immigration enforcement activities, as long as the audit is conducted in good faith and without the intent to retaliate against employees.

Employers Required by Law

Employers who are required by federal law to request specific information about an employee’s work authorization are exempt from certain provisions of AB 450. This exemption applies when compliance with the law would conflict with the employer’s legal obligations under federal law.

It is important for employers to carefully review the provisions of AB 450 and consult with legal counsel to determine their specific obligations and any applicable exceptions or exemptions.