California Labor Commissioner reminds employers of legal rights and obligations under California labor laws
Los Angeles—The Labor Commissioner is reminding all employers that California’s labor laws protect every worker in the state, regardless of immigration status. All employers are legally obligated to comply with all state labor laws including those that are immigration related.
Workers who file wage claims, retaliation complaints or exercise other rights under California labor laws are not required to disclose their immigration status. The Labor Commissioner’s Office does not ask about the immigration status of any individual seeking assistance or protection under California labor law.
Workers are protected from unfair immigration-related practices, including retaliation. It is unlawful for an employer to retaliate against a worker for exercising any of these protections and for not complying with notice requirements with respect to immigration enforcement at worksites. Violations of these laws may subject an employer to penalties of up to $10,000 per violation, under California Labor Code Sections 90.2, 1019, 1019.1, and 1019.2.
To assist employers in complying with California law, the following chart summarizes some, but not all, labor laws that protect employees regarding immigration status.
| Description Labor Code | Section |
|---|---|
| 90.2 | An employer must provide timely notification to employees of immigration enforcement actions at work (employers may use the Labor Commissioner’s free template notice). Employers must provide affected employees with the results of the inspection and inform them of their right to representation to address deficiencies. |
| 98.6 | An employer must not retaliate against a worker for filing a claim or complaint with the Labor Commissioner or otherwise asserting their rights under California labor laws. |
| 244 | It is an adverse action when an employer reports or threatens to report the suspected immigration or citizenship status of an employee, former employee, prospective employee or a relative because the employee exercised a right under the Labor Code, Government Code, or Civil Code. |
| 1019 | An employer must not commit unfair immigration-related practices, such as requesting more or different documents than required by federal law; misusing E-Verify; filing or threatening to file a false report with a government agency; and threatening to contact or contacting immigration authorities when an employee has engaged in activities protected by the Labor Code and local ordinances. |
| 1019.1 | An employer who violates Labor Code section 1019 may face a penalty of up to $10,000 per violation. |
| 1019.2 | An employer who verifies employment eligibility in a manner not required by federal law may face a $10,000 penalty. |
| 1171.5 | Workers are entitled to all protections available under state law, regardless of immigration status. |
Under California’s unfair immigration practices laws, employers are prohibited from:
- Requesting more or different documents than required by federal law
- Misusing E-Verify
- Threatening to file a false report with a government agency
- Threatening to contact or contacting immigration authorities
In addition, employers are legally required to comply with notice provisions informing employees of immigration enforcement at the workplace and notifying their authorized representative of the activity and outcome.
Additional Resources
The Labor Commissioner established a Business Engagement Program to provide training to employers regarding legal obligations. Email MakeItFair@dir.ca.gov to request a training, ask a question or report a competitor who is gaining an unfair advantage by violating California law.
About the Labor Commissioner’s Office
Within the Department of Industrial Relations, the Division of Labor Standards Enforcement (California Labor Commissioner’s Office) combats wage theft and unfair competition by investigating allegations of illegal and unfair business practices.
In 2020, the LCO launched a multi-pronged outreach campaign, “Reaching Every Californian.” The campaign amplifies basic protections and builds pathways to affected populations, so workers and employers understand legal protections and obligations, as well as the Labor Commissioner’s enforcement procedures.
Californians can follow the Labor Commissioner on Facebook and X (Twitter).
Employers with Questions on Legal Obligations May Contact: MakeItFair@dir.ca.gov
Media Contact: Communications@dir.ca.gov, (510) 286-1161