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New Employment Laws Affecting California Employers

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The materials contained herein are for informational purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.

New Employment Laws Affecting California Employers

July 2017 Update

1 – New Employment Eligibility Verification Form, I-9 Form. (Immediate action required) Enacted in 1986, the federal Immigration Reform and Control Act (“IRCA”) made it illegal to knowingly hire or employ anyone who is not authorized to work in the U.S. The IRCA requires that each new employee complete an I-9 Form on their first day of work, and provide certain documents showing proof of identity and eligibility to work in the U.S. by day three (3) of their employment.

Employers must maintain the original signed I-9 form (and copies of the compliance documents) for each employee hired after 1986. The penalties for violating the IRCA can be severe: $110 to $1,100 for each missing or incomplete I-9 form and $375 to $16,000 for each undocumented worker hired or employed. Employers may also face criminal penalties for engaging in a pattern or practice of hiring, recruiting or referring for a unauthorized alien, including up to $3,000 for each unauthorized alien and up to six (6) months in prison.

On July 17, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) changed the I-9 Form. Form I-9 is used by employer to verify the identity and employment authorization of individuals hired for employment in the United States. The revisions are minor, an include:

  • The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been changed to Immigrant and Employee Rights Section
  • The list of documents employers can accept to confirm eligibility to work have been reorganized, with Form FS-240 (The Consular Report of Birth); Form FS-545, DW-1350 (certifications of report of birth issued by the Department of State), and List C being reordered.

However, as of July 17, 2017 Employers are required to new the new form for new hires, rehires, or for cases of reverification of eligibility to work in the United States (Form I-9 Rev. 03/07/13N).

A copy of the new I-9 form (Form I-9 07/17/17 N) is attached, or may be downloaded via this link:  https://www.uscis.gov/i-9

Recommended Action: Review your I-9 compliance forms (and associated documents) to ensure full IRCA compliance for each employee. If documents are missing, re-verify that employee’s eligibility by having the employee complete the new I-9 Form.

Note: You do not need to re-verify an employee’s eligibility, and your employees will not need to complete a new I-9 form, if they have already completed an earlier version of Form I-9 provided you have the original singed document and copies of the accompanying required documents. However, if your records are not complete (or if you are missing any associated forms), you will need to re-verify that employee’s eligibility by having them complete the new form and provide the appropriate documents.

Also, if you have not done so already, place all I-9 Forms and documents in a single separate I-9 Compliance file.

Should you have questions about the new I-9 form or any other workplace law, please contact me at doug@dmwadelaw.com.

The materials contained herein are for informational purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.

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