Earlier this year, we discussed the legal requirements of the immigration worksite enforcement action bill AB 450. One of those requirements includes providing notice to employees within 72 hours after receiving a Notice of Inspection by immigration enforcement to review I-9 documents. The Labor Commissioner was to develop a template on or before July 1, 2018. This template – called the Notice to Employee Labor Code Section 90.2 – is now available for download.
The law requires that this notice to be provided to each current employee in the language the employer “normally uses to communicate employment-related information to the employee.” See Labor Code 90.2(a)(1). California has provided both English and Spanish versions of the sample template. Employers may need to translate this notice into other languages used by the employer to communicate with employees, other than English and Spanish. Employers may click on the link here for the notice in English and here for the notice in Spanish.
Employers may refer to California’s Fair Employment and Housing Act (FEHA) regulations for guidance on translation. FEHA regulations require an employer to translate its policies into a non-English language when the workforce at “any facility or establishment contains 10 percent or more of persons who speak a language other than English.” Though no such 10 percent requirement is stated in the Labor Code 90.2, an employer should translate the template into those other languages where at least 10 percent of its employees at any facility speak that language. This may mean an employer would need to translate the Notice to Employee Labor Code Section 90.2 into Chinese, Korean, Tagalog, Vietnamese or other language.
The Notice to Employee Labor Code Section 90.2 includes a list of documents that are commonly requested during an I-9 audit. For your convenience, the list is replicated below:
- I-9 forms
- Supporting documents for I-9 forms (such as copies of passports, driver licenses, social security cards, and permanent resident cards)
- Payroll records and data (including employee names, social security numbers, and hire dates)
- California Quarterly Contribution Return and Report of Wages (form DE9 or DE6)
- Quarterly Wage and Hour Report
- Any list of employees (including names, social security numbers, birth dates, hire dates, etc.)
- Any correspondence from the Social Security Administration regarding mismatched or no-matched social security numbers
- Documentation or correspondence identifying participation in E-Verify or the Social Security Number Verification Service
- Other information or documents listing or identifying employees or their personal information (please briefly list and describe): _____________
- Download the Notice to Employee Labor Code Section 90.2. Keep a copy of it with other I-9 compliance materials and/or reference materials to remind your company of this notice requirement.
- Subscribe to our Blog. In addition to reading the blog on AB 450, we also provide information for employers to ensure compliance with California and Nevada laws.