Retaliation related to immigration status. In June of this year, California Governor Jerry Brown signed into law Assembly Bill No. 2751 (“AB 2751”), which provided updates and clarification to AB 263, a California law that, among other things, prohibits employers in Santa Rosa and all of California from retaliating against employees who wish to exercise their rights under the California labor laws. AB 2751, which specifically addresses employer retaliation against employees on the basis of immigration status, will take effect on January 1, 2015.

Current California Law on Retaliation in Employment

Currently, California law already protects employees from discrimination or retaliation by employers if the employee engages in protected activity.  Protected activity under California law includes:

• Filing a claim or informing your employer of your intent to file a claim with the Labor Commission;
• Complaining about unsafe work conditions or practices;
• Discussing your wages or complaining about non-payment of wages; and
• Taking time off from work for jury duty.

Employees who engage in protected activity and suffer an adverse action from their employer for doing so, such as termination of their employment, are entitled to be reinstated and to receive payment for lost wages.

Updates to California Employment Law and Immigration-Related Retaliation

AB 263, which took effect January 1, 2014, specifically prohibits employers from threatening to take or taking adverse actions against an employee with regard to immigration status if the employee engages in protected activity.  These “unfair immigration-related practices” include:

• Threatening to contact immigration authorities;
• Requiring an employee to produce documents that are not required under current law for work authorization purposes;
• Rejecting employee documents that appear to be genuine; and
• Misuse of the E-Verify system.

For example, if an employee complains about nonpayment of wages and the employer subsequently threatens to call immigration authorities on the employee, the employee may seek an employment attorney to determine if they may to enforce their rights under California law.

AB 2751 specifically updates AB 263’s definition of unfair immigration-related practices. As of January 1, 2015, unfair immigration-related practices will include threatening to file or filing a false report or complaint with any state agency as an unfair immigration-related practice.

Under AB 263, employers who engage in unfair immigration-related practices may lose their business licenses and be required to pay a $10,000 fine for each violation. AB 2751 clarifies that the proceeds of the penalty will go to the employee who was retaliated against by the employer.

Northern California Employment Attorneys

Due to these recent changes in California labor law and the upcoming implementation of AB 2751, employers in Santa Rosa may wish to review and update their handbooks, policies and training materials to ensure that they are in compliance with the changes. Employees who believe their rights under the new laws may have been violated should consult with an experienced employment attorney. The attorneys at Beck Law, P.C. have experience counseling both employees and employers. Contact us today to discuss your employment-related legal needs.