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Angelo Paparelli on Dysfunctional Government

Immigration Dreaming in California

Rating: 2 votes, 3.00 average.
Immigration Dreaming in California -- Assembly Bill 263 Will Bring Nightmares to the State's Employers


http://www.nationofimmigrators.com/assets_c/2013/12/California%20palms-thumb-350x449-25429.jpg
“California deserves whatever it gets. Californians invented the concept of life-style. This alone warrants their doom.” ― Don DeLillo, White Noise

“Political corruption, social greed, and Americanized quasi-socialism can ruin even the most wonderful places. California proved that.” ― Tiffany Madison

As a transplant from Michigan who has thrived in California since settling here in 1982, I've come to expect sneering and cynicism heaped upon this lovely, blessed state. The foregoing quotes are of the genre, California sniping, expressed most frequently as Jack Frost approaches elsewhere, biting the rest of the country into its perennial frenzy of Golden-State envy. We Californians are used to that kind of seasonally-induced, sour-grapes hurling.

But sometimes our state legislature and our governor, the monk formerly known as Moonbeam, take actions that all but invite ridicule.

Recent examples are plentiful, as my colleagues at Seyfarth Shaw, Dana Peterson and Coby Turner, noted in their Nov. 26 posting in the aptly titled, California Peculiarities Employment Law blog ("California Employees Have Even More Protections to be Thankful for This Year").

Today's post will focus on just one section of one of two new laws critiqued in the Peterson-Turner post. Section 4 of Assembly Bill 263, effective January 1, 2014, adds this new provision (Section 1024.6) to the state's Labor Code:

1024.6. An employer may not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee because the employee updates or attempts to update his or her personal information, unless the changes are directly related to the skill set, qualifications, or knowledge required for the job.

The new section sounds innocuous. Of course no employer should be allowed to assail an employee who merely updates or tries to update "his or her personal information." The transgression seems apiece with that cardinal California sin of violating one's "personal space." The devil, however, is in the subtext.

Consider these common scenarios:

#1: An employer, aware that U.S. Immigration and Customs Enforcement (ICE) is increasingly auditing and penalizing employers for violations of the immigration-paperwork requirement to maintain proof of every new hire's identity and employment eligibility on Form I-9, decides to conduct a voluntary audit of its I-9 records. The employer discovers mistakes or finds copies of identity documents and work permits that, on second look, appear to be less than genuine. It wants to take corrective steps to mitigate any fines ICE might impose.

#2: An employer receives a Social Security Administration letter (a no-match notice) announcing that the employer's payroll tax contributions tied to particular employees' social security numbers (SSNs) contain information that conflicts with the SSA's own records associated with the earmarked SSNs. Or, an employer receives word from its health insurance carrier or pension administrator that the SSNs of certain employees do not square with SSA data. This employer likewise wants to fix the problem and minimize potential fines before ICE shows up.

Assume that in scenarios #1 and #2, the employer first checks its own records and finds no reason such as a clerical error or typo to explain and resolve the discrepancy. The employer then approaches the affected employees, explains that a discrepancy has been noted, and asks the employee to provide an acceptable explanation with documentation that resolves the discrepancy and demonstrates that the individuals in question have the right to work in the United States. Failing the tender of acceptable evidence, the employee will be required to sign a new Form I-9 to verify identity and employment eligibility.

Rather than provide the requested documentation, each of the employees instead informs the employer that s/he has adopted a new name, a new date of birth, a new marital status, or other newly embraced "personal information" and then presents seemingly genuine and relevant original documents of identity and work authorization to confirm the change.

Today, before Assembly Bill 263 takes effect, an employer is allowed to terminate the individual's employment if the submission of inconsistent personal information violated company policies requiring that employees be truthful in all of their dealings with the employer. AB 263 takes away that power to sanction employee dishonesty. Moreover, since the law also prohibits employers "in any manner" from discriminating, retaliating or taking any "adverse action against an employee" who has updated his or her personal information, AB 263 may even prohibit an employer from investigating whether the newly provided personal information is accurate or likewise false or flawed.

Suppose the employee(s) in fact lacked the right to work in the U.S. and had merely purchased a new set of papers from the local fraudulent-document purveyor. Under federal immigration statutes and regulations, an employer may not hire or continue to employee an individual whom the employer "knows" lacks the right to work in the United States. Knowledge of a person's unauthorized employment status can be actual or constructive, as provided in 8 CFR § 274a.1(l):

The term knowing includes not only actual knowledge but also knowledge which may fairly be inferred through notice of certain facts and circumstances which would lead a person, through the exercise of reasonable care, to know about a certain condition.

In other words, an employer who is aware of certain unexplained facts (such as an "update" of "personal information"), but turns a blind eye to circumstances that seem suspicious or at least worthy of further inquiry, will be treated as knowing the facts that a reasonable investigation would have revealed. Thus, if the workers were indeed unauthorized but the employer did not investigate the circumstances out of fear of violating the no-adverse-action prohibition of AB 263, ICE would likely fine the employer on two separate grounds. The fines would be not just for a deficient I-9 but also for the more serious "knowing-continuing-to-employ" offense.

What should the employer do? Depending on the facts at hand, the better approach would likely be to follow federal immigration law which probably preempts and trumps AB 263. See, Arizona v. United States, the Supreme Court case which tossed out almost all of Arizona's SB 1070 on federal-preemption grounds. Employers presented with personal-information updates should be prepared to defend against state charges under AB 263 by maintaining that merely conducting a reasonable investigation of the facts to determine if an employee is authorized to work in the U.S. is not a form of discrimination, retaliation or adverse action under the new California law. But since California is indeed peculiar, employers should also be prepared to fight the good fight if organized labor, state authorities or the courts disagree. At least the weather is nice.

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Updated 12-03-2013 at 11:33 AM by APaparelli

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  1. Mrs Magret Vicket's Avatar
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    My Name is Mrs Cindy Battye,, i live in USA and life is worth living comfortably for me and my family now and i really have never seen goodness shown to me this much in my life as i am a struggling mum with three kids and i have been going through a serious problem as my husband encountered a terrible accident last two weeks, and the doctors states that he needs to undergo a delicate surgery for him to be able to walk again and i could not afford the bills for his surgery then i went to the bank for a loan and they turn me down stating that i have no credit card, from there i run to my father and he was not able to help, then when i was browsing through yahoo answers and i came across a loan lender MR TONY HARTON,who provides loans at an affordable interest rate and i have been hearing about so many scams on the internet but at this my desperate situation, i had no choice than to give it an attempt and surprisingly it was all like a dream, i received a loan of $50,000 USD and i payed for my husband surgery and thank GOD today he is okay and can walk and is working and the burden is longer so much on me any more and we can feed well and my family is happy today and i said to my self that i will shout aloud to the world of the wonders of GOD to me through this GOD fearing lender MR TONY HARTON and i will advise anyone in genuine and serious need of loan to contact this GOD fearing man via..tonyharton32@gmail.com,and i want you all to pray for this man for me

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  5. Mrs Cindy Battye's Avatar
    Hello Every One,
    My Name is Mrs Cindy Battye,, i live in USA and life is worth living comfortably for me and my family now and i really have never seen goodness shown to me this much in my life as i am a struggling mum with three kids and i have been going through a serious problem as my husband encountered a terrible accident last two weeks, and the doctors states that he needs to undergo a delicate surgery for him to be able to walk again and i could not afford the bills for his surgery then i went to the bank for a loan and they turn me down stating that i have no credit card, from there i run to my father and he was not able to help, then when i was browsing through yahoo answers and i came across a loan lender MR TONY HARTON,who provides loans at an affordable interest rate and i have been hearing about so many scams on the internet but at this my desperate situation, i had no choice than to give it an attempt and surprisingly it was all like a dream, i received a loan of $50,000 USD and i payed for my husband surgery and thank GOD today he is okay and can walk and is working and the burden is longer so much on me any more and we can feed well and my family is happy today and i said to my self that i will shout aloud to the world of the wonders of GOD to me through this GOD fearing lender MR TONY HARTON and i will advise anyone in genuine and serious need of loan to contact this GOD fearing man via..tonyharton32@gmail.com,and i want you all to pray for this man for me

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  8. anna2's Avatar
    HOW I GOT MY LOAN FROM ELVIN LOAN COMPANY{elvinloancompany@yahoo.com}

    Hello everyone my name is Anna Barger,am here to testify how i was helped by a God sent loan lender. I was in need of a loan and i applied from various loan lenders from this very site.They asked me to pay some amount of money at different basis but i never get my loan, this was how i lost the sum of 5000USD, I was now in debt because i borrowed the money from friends. One day a friend of mine introduce me to Elvin Morrison, he told me how he has helped him with loan at several cases I was scared and never believe him, he urge me to trust him this was how i was introduce to him through his email {elvinloancompany@yahoo.com }, he told me he will offer me the loan that i only need to comply with them.I did as he told me and without any delay, i received my loan as he earlier promise.Am here to tell you that most of the loan lenders in this site are scammers. If you truly need a genuine loan please meet Elvin Morrison through his email elvinloancompany@yahoo.com ,He is a registered reliable loan lender.
  9. Marysteve's Avatar
    Hello Everyone I am Mrs Mary Steve ,from Texas, USA. I will like to share the goodness of God in my life after so many months of trying to get a loan on the internet and was been scammed so i became restless and desperate in getting a loan from a legit lender online. But as God would have it, i saw a comment from a friend called Mary David and she talked about this legit loan company where she got her loan fast and easy without any stress so she introduced me to a woman called mrs Linder Harrison who controls a firm called Linder Harrison Loan Company, So i applied for a loan sum of ($600,000.00USD) with low interest rate of 2.5%, including the loan trems and conditions and all the charges i was asked to pay, so to my greatest surprise the loan was approved and deposited into my bank account in less than 48hrs, that was how i was able to get back on my feet to keep my broken business running and also to pay off my bills so i am advising everyone of you who is interested in getting a loan without collateral, no credit check, no co signer with just 2.5% interest rate and better repayment plans/ schedule, to please contact mrs linder harrison . You can contact her through his email: linderharrison2@gmail.com

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    Hello Everyone I am Mrs Mary Steve ,from Texas, USA. I will like to share the goodness of God in my life after so many months of trying to get a loan on the internet and was been scammed so i became restless and desperate in getting a loan from a legit lender online. But as God would have it, i saw a comment from a friend called Mary David and she talked about this legit loan company where she got her loan fast and easy without any stress so she introduced me to a woman called mrs Linder Harrison who controls a firm called Linder Harrison Loan Company, So i applied for a loan sum of ($600,000.00USD) with low interest rate of 2.5%, including the loan trems and conditions and all the charges i was asked to pay, so to my greatest surprise the loan was approved and deposited into my bank account in less than 48hrs, that was how i was able to get back on my feet to keep my broken business running and also to pay off my bills so i am advising everyone of you who is interested in getting a loan without collateral, no credit check, no co signer with just 2.5% interest rate and better repayment plans/ schedule, to please contact mrs linder harrison . You can contact her through his email: linderharrison2@gmail.com

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  11. Morgan Steev's Avatar
    HOW I GOT MY LOAN FROM HERMAN CEIN LOAN FINANCE (CEINLOANFINANCE@YAHOO.COM)

    Hello everyone, My name is Morgan Steev white, I am from the New Jersey, United State, am here to testify of how i got my loan from Mr Herman Cein { ceinloanfinance@yahoo.com} after i applied Two times from various loan lenders who claimed to be lenders right here this forum,i thought their lending where real and i applied but they never gave me loan until a friend of mine introduce me to Mr Herman Cein the C.E.O of Herman Cein Loan Finances who promised to help me with a loan of my desire and he really did as he promised without any form of delay, I never thought there are still reliable loan lenders until i met Mr Herman Cein, who really helped me with my loan and changed my life for the better. I don't know if you are in need of an urgent loan also, So feel free to contact Mr Herman Cein on his email address: { Ceinloanfinance@yahoo.com}or call (201) 720-8275 for help.
  12. Morgan Steev's Avatar
    HOW I GOT MY LOAN FROM HERMAN CEIN LOAN FINANCE (CEINLOANFINANCE@YAHOO.COM)

    Hello everyone, My name is Morgan Steev white, I am from the New Jersey, United State, am here to testify of how i got my loan from Mr Herman Cein { ceinloanfinance@yahoo.com} after i applied Two times from various loan lenders who claimed to be lenders right here this forum,i thought their lending where real and i applied but they never gave me loan until a friend of mine introduce me to Mr Herman Cein the C.E.O of Herman Cein Loan Finances who promised to help me with a loan of my desire and he really did as he promised without any form of delay, I never thought there are still reliable loan lenders until i met Mr Herman Cein, who really helped me with my loan and changed my life for the better. I don't know if you are in need of an urgent loan also, So feel free to contact Mr Herman Cein on his email address: { Ceinloanfinance@yahoo.com}or call (201) 720-8275 for help...
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  14. Mrs Eve James's Avatar
    Hello Everyone I am Mrs Eve James ,from Texas, USA. I will like to share the goodness of God in my life after so many months of trying to get a loan on the internet and was been scammed so i became restless and desperate in getting a loan from a legit lender online. But as God would have it, i saw a comment from a friend called Windy mark and she talked about this legit loan company where she got her loan fast and easy without any stress so she introduced me to a woman called mrs Linder Harrison who controls a firm called Linder Harrison Loan Company, So i applied for a loan sum of ($400,000.00USD) with low interest rate of 2.5%, including the loan trems and conditions and all the charges i was asked to pay, so to my greatest surprise the loan was approved and deposited into my bank account in less than 48hrs, that was how i was able to get back on my feet to keep my broken business running and also to pay off my bills so i am advising everyone of you who is interested in getting a loan without collateral, no credit check, no co signer with just 2.5% interest rate and better repayment plans/ schedule, to please contact mrs linder harrison . You can contact her through his email: linderharrison2@gmail.com

    Mrs Eve James
  15. phil555's Avatar
    Hello applicant

    My names are Mr. Phil Howardson, and i am the owner of the firm known as Phil Howardson Loan Firm. I I just want to let you all know that i give out loans from 1,000.00 USD to a maximum amount of 10,000,000.00 USD with a low interest rate of 3%.

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  16. mrs Jasica's Avatar
    Hello Every One, I am mrs Jasica Raymond From Texas U.S.A, I quickly want to use this medium to shear a testimony on how God directed me to a Legit and real loan lender who have transformed my life from grass to grace, from being poor to a rich woman who can now boast of a healthy and wealthy life without stress or financial difficulties. After so many months of trying to get a loan on the internet and was scammed the sum of $6,300 i became so desperate in getting a loan from a legit loan lender online who will not add to my pains, then i decided to contact a friend of mine who recently got a loan online, we discussed about the issue and to our conclusion she told me about a man called Mr David Robinson who is the C.E.O of BERNARD INVESTMENTS LIMITED So i applied for a loan sum of (520,000.00USD) with low interest rate of 2.5%, so the loan was approved easily without stress and all the preparations where made concerning the loan transfer and in less than two(2) days the loan was deposited into my bank so i want to advice any one in need of a loan to quickly contact him via: (davidrobinsonloanfirm364@gmail.com) he does not know that i am doing this, i pray that God will bless him for the good things he has done in my life.Mrs Jasica Raymond
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    Hello Everyone I am Mrs Megan Grant ,from Texas, USA. I will like to share the goodness of God in my life after so many months of trying to get a loan on the internet and was been scammed so i became restless and desperate in getting a loan from a legit lender online. But as God would have it, i saw a comment from a friend called Mary David and she talked about this legit loan company where she got her loan fast and easy without any stress so she introduced me to a woman called mrs Morganar Ericks who controls a firm called Morganar Ericks Loan Company, So i applied for a loan sum of ($300,000.00USD) with low interest rate of 2.5%, including the loan terms and conditions and all the charges i was asked to pay, so to my greatest surprise the loan was approved and deposited into my bank account in less than 48hrs, that was how i was able to get back on my feet to keep my broken business running and also to pay off my bills so i am advising everyone of you who is interested in getting a loan without collateral, no credit check, no co signer with just 2.5% interest rate and better repayment plans/ schedule, to please contact mrs Morganar Ericks . You can contact her through his email: Morganar Ericks@gmail.com

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