818.253.1599On June 9, 2025, in response to federal immigration enforcement in California, the California Labor Commissioner published the following
news release to remind “employers of legal rights and obligations under California labor laws.”
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.
