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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
    GOOD DAY TO US ALL HERE..

    My name is Mrs Magret Vicket from usa, i want to use this medium opportunity to alert to those loan seekers to be very careful,
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    THANKS

    Mrs Magret Vicket
  2. Mrs Edward Haxter's Avatar
    Good Day Every Body,
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    Though i was very nervous with the loan company at first due to my previous bad experiences, especially when the issue of me settling the transfer charges came up, I hold on to my faith due to the fact that my relative referred me, got it cleared,and as God should have it, little did I know that my financial short comings has come to a final HALT.If not for that quick referral from a christian father to that genuine source ,I would have regretted my total life,because at that point in time i just divorced the father of my son, and my son (Nenson) was faced with a life and death situation. I was faced with his hospital bills and i was also faced with foreclosure at my apartment.

    Details of this GODSENT man won?t be disclose for now for fear of impersonation ( because it has been discovered that some persons are not really in need of financial help, but they just want to collect money from this genuine christian loan organization). And it is because of this reason they don,t give out loan anyhow. You must be able to convince them very well, and provide good proofs to show that you really need a loan before he can approve it for you. Him charge is very affordable and reliable compare to many out there,their interest rates is just 2%, little documentation,and little credit check. As i have earlier said, for security reasons i can only provide their email address. Embrace this new initiative. Feel free to contact him via Email: mikeadenugaloanfirm01@gmail.com as their loan officer/rep. will attend to you and you will be free from scams and financial burdens.

    Sincerely,

    Mrs Edward Haxter
  3. Mr Mathew Gray's Avatar
    HERE IS MY TESTIMONY ON HOW I GOT MY LOAN

    My name is Mr Mathew Gray a citizen of USA. i have been scammed by 6 different Internet international lender, they all promise to give me a loan after making me pay several fees which yield nothing and amounted to no positive result. i lost my hard earn money and it was a total of 10,000USD. One day as i was browsing through the internet with tears on my eye i came across a testimony of man who was also scammed and eventually got linked to a legit loan company called Tony Harton Loan Company where he finally got his loan, so i decided to contact the same loan company and then told them my story on how i have been scammed by 6 different lenders who did nothing but to course me more pain. I explain to the company by mail and all they told me was to cry no more because i will get my loan in their company and also i have made the right choice of contacting them. i filled the loan application form and proceeded with all that was requested of me and I was given a loan amount of $78,000 Dollars by this great Company (TONY HARTON LOAN COMPANY} managed by Mr.Michael David and here i am today happy because TONY HARTON COMPANY has given me a loan so i made a vow to my self that i will keep testifying on the internet on how i got my loan. Do you need a loan urgently kindly and quickly contact Tony Harton Loan Company now for your loan via email: tonyharton32@gmail.com

    Thank You All For Your Understanding,

    Mr Mathew Gray
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  5. Micheal Benson's Avatar
    To properly introduce myself, I'm Mr. Micheal Benson a private lender,i Give out loans at 3% interest rate, this a financial opportunity. at your door step, get your loan quickly. There's so much people out There looking for financial opportunities or help around the corner, and Places, and still they are not able to get one, but here it is. Financing opportunities on your door step and as such you can not afford To miss this opportunity This service is made to Individuals, companies, businessmen and women, and loans.The availability of any amount of your choice for more information. Contact us via email: michealbensonloanagency@gmail.com.

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    Yours truly

    Micheal Benson
  6. Mr Mike Adenuga.'s Avatar
    My name's are Mr Mike Adenuga sincere and certified private money lender approved by the FEDERAL GOVERNMENT. I give out international and local loans to all countries in the world. Amount given out $2,500 to $100,000,000 Dollars, Euro and Pounds, available now are Business, Personal House, Travel and Student, Bills cancellation Loans. Apply for a loan today.Its Easy and fast to get. 2,5% interest rates and monthly installment payments.Interested person should contact us via email..mikeadenugaloanfirm01@gmail.com

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    Thanks

    Mr Mike Adenuga.
  7. brenda williams's Avatar
    Good day Audience. I am Brenda Williams a single mom, from Ohio USA, i want to use this great medium to announce this lender Mr Joshua Brown who is really a God sent to my family. few months back i was in search of a loan form the internet where i was scammed of $3,000.00 i never thought i will ever apply for a loan on the internet again before i met a post about this lender made by one Monica Carlos who also got a loan from him, then i took a try again, after loan processing i was ask to provide my banking details which i did and to my greatest surprise i was granted a loan of $45,000.00 at first i thought it was a joke until i got to the bank to confirm and it was true, i was overwhelmed with joy. so i want you all who desire a loan and are capable of paying back the funds at the due time to contactfidelitybankloanoffer4@gmail.com) and be a partaker of my testimony.
  8. Celina Wheels's Avatar
    Hello Everyone, I am Celina Wheels a single mom from California USA, will like to share this great testimony on how i got my loan from Gordy's Loans when we were driven out of our home when i couldn't pay my bills anymore, After been scammed by various companies online and denied a loan by my bank and other some other credit union i visited. my children were taken by the foster care, i was all alone in the street. Until a day i shamefully walked into an old school mate who introduced me to Gordy's Loans. At first i told her that i am not ready to take any risk of requesting a loan online anymore, but she assured me that i will received my loan from them. On a second thought i took due to my homelessness i took a trial and applied for the loan, luckily for me i received a loan of $50,000.00 from (gordys_loans@yahoo.com). Am happy i took the risk and applied for the loan. my kids have been given back to me and now i own a home and a business of my own. All gratitude goes to Gordy's loans for giving a meaning to my life when i had lost all hope. You can also reach them at: (864) 509-9524 or (44) 703-195-0947 and transform your life.
  9. Patrick002's Avatar
    Good Day !!
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    Yours Sincerely,
    Mr Patrick Munro(MD).
  10. CARO WHITE's Avatar
    TESTIMONY OF SECURING A LOAN FROM THE PRUDENT AND SECRET SERVICE CREDIT, YOU TOO CAN BE A PARTAKER OF IT!

    Hello Every One, I am Mrs. Caro White by name, a citizen of USA. I immediately want to use this medium to broadcast the testimony of how the Lord led me to the lender and real Legit loan that has changed my life from grass to grace, from a level of wretchedness to a successful woman who can now boast of rich, wealthy and healthy happy life without stress or financial difficulties. Today I am now considered as a woman of honor. After months of trying to get a loan on the internet, it was no avail and I happened to fall in the hands of scams, who scammed me the sum of $2000. And when this happens, I was so confused and desperate and praying to God to locate me to a real, legit and genuine loan lender online that will not add to my pains. So I decided to call a friend of mine who recently got a loan online, we discuss about this issue and for our conclusion he told me about a man named Mr. Russell Raymond who is the CEO of RAYMOND RUSSELL INTERCONTINENTAL FINANCE WORLDWIDE. So I applied for a loan for the amount ($ 506,000.00), with an interest rate as low as 3% annually, and I gave them my maximum corporation and abide by the instructions given to me by the Institution, and soon, my loan approved easily without any stress or delay, and all the preparations which were made regarding the transfer credit and in less than two (2) days of the loan deposited into my Bank Account. My people far and near, is this not a great testimony? This now makes me to believe that where there are bad ones still there are good and honest ones. So I would like to advice you that are there who wants to secure a real and a genuine loan, to please contact Russell Raymond Intercontinental Finance via the following email address: (Russellintercontinentalfinance@gmail.com), I always pray that God in Heaven to bless him for the good things he has done in my life. Once again, be careful when searching for an online loan lender many are scams! One thing I always tell people is that applying for a loan in this institution, you must have an Utmost Good Faith and Trust Worthy.

    Thank you and God bless

    Signed
    Mrs. Caro White
  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.
  13. eileenfisher58's Avatar
    Testimony how i got a loan from { calvinloancompany@yahoo.com }

    My name is Eileen Fisher, from California USA, am one of the 10 Inspirational Quotes From Women Business Leaders in America, i was in search a construction loan and a car Loan of $400,000 on the month of April 2015, I tried seeking loans from various loan firms both private and corporate and banks but never with success, and most banks declined my credit because at that time i was down financially, and i tried all means of getting a loan, and all i got was group of scams who made me to trust them and at the end of the day, they ripped me of off my hard earned money without giving anything in return at that point all my hope was lost, i got confused and frustrated, and i sworn never to have anything to do with online Lender's, Till this faithful month of June, i was going through a research on the internet, then i saw a Testimony of a lady called Cathrin Adams, who once had same problem with me, she testified how she finally got her Loan of $210,000 from { calvinloancompany@yahoo.com } When i saw the Testimony, it was so encouraging, then i decided to contact the email, and to my surprise, they responded back to me, then gave me a website, i filled out the form, then i was approved of the Loan that same day, and 48 hours after approval, my Loan was deposited into my account. I still can't believe that good lender's like Calvin Scott still exist. Please i advise everyone out there who are in need of Construction Loan or any type of Loan to contact { calvinloancompany@yahoo.com } Or http://calvinfinancialloanhome.bravesites.com/
  14. Mr john potto's Avatar
    Do you need a comfortable loan to your satisfaction? We are based in USA, We offer affordable loan at 3% interest rate available for local and international borrowers . We are certified , trustworthy , reliable , efficient , fast and dynamic and co - operate. we give out long term loan from two to fifty years maximum. contact us at: johnpotto4@gmail.com
  15. josefholes1984's Avatar
    Do you need quickest and low interest rate loan? Have you ever thought of getting urgent loan? we offer a long-term and short-term loans to the public and individuals. We can help you get loan with very low interest rate for as low 2%. Loan process takes less than 24hours CONTACT US ON josefholes1984@gmail.com
  16. Courtney Bieneman's Avatar
    Hello everyone,

    My name is Courtney Bieneman and am talking as the happiest person in the whole wide world today and i told my self that any lender that rescue my family from our poor situation, i will tell the name to the whole wild world and i am so happy to say that my family is back for good because i was in need of $186,000.00 USD loan to start my life all over as i am a single mum with 2 kids and the whole world seemed like it was hanging on me until i met this GOD sent loan lender that changed my life and that of my family, a GOD fearing lender, Mr Mason Diego, he was the Savior GOD sent to rescue my family and at first i thought it was not going to be possible until i received my loan of $186,000.00 USD from him; so am advising anyone of you genuinely in need of loan to contact Mr. Mason Diego via email: ( diegoloancompany@yahoo.com ) or reach him through the company website: http://diegoloancompany.wix.com/loans for a quick and secure loan.
  17. Mr Henery's Avatar
    LEGIT LOAN OF @ 2% INTEREST RATE

    I was not sure of getting a legit loan lender online because of the scams story i hear some years back. But when i could not face my Debt any more and my son was in hospital bed for surgery that involve huge money then i have to seeks for Assistance from friends and when there was no hope any more i decide to go online to seek a loan and i find Micheal Owen Loan company (michealowenloanfirm@gmail.com) with 2% interest Rate and applied immediately with my details as directed. Within seven Days of my application he wired my loan amount with No hidden charges and i could take care of my son medical bills, Renew my rent bill and pay off my debt. I will advice every loan seeker to contact Micheal Owen Loan Company with. michealowenloanfirm@gmail.com
  18. MR STEVE LINOAL's Avatar
    Hi everybody, I am steve linoal, currently living in usa. I am married at the moment with three kids and i was struck in a financial situation and i needed to re-finance and pay for my son medical bills. I tried seeking loans from various loan firms both private and corporate but i never got any one, and most banks denied my credit. But as God would have it, i was introduced to a private loan lender by my friend (kelvin smarth) and i got a loan sum of (90,000.00USD) and today am a business owner and my kids are doing well. So dear, if you must contact any firm or company with reference to securing a loan with low interest rate of 2%, do contact ( MR Micheal Owen)he doesn?t know that am doing this but am so happy now and i decided to let people know more about him, he offers all kinds of loans to both individuals and company and also i want God to bless him more. You can contact his company through this email (michealowenloanfirm@gmail.com)
  19. Dr. Robert Jack's Avatar
    Here comes an Affordable loan that will change your life for ever, I am Dr. Robert Jack a certified loan lender, I offer loan to individual and public sector that are in need of financial Assistance in a low interest rate of 2%. Bad credit acceptable,The Terms and Conditions are very simple and considerate.You will never regret anything in this loan transaction because i will make you smile. Our company has recorded a lot of breakthroughs in the provision of first class financial services to our clients, especially in the area of Loan syndication and capital provision for individuals and companies. We have brought ailing industries back to life and we back good business ideas by providing funds for their up start. We have a network of Investors that are willing to provide funds of whatever amount to individuals and organizations to start business and operations.i want you to understand the fact that i Dr. Robert Jack is out to help the less financial privilege get back on track by providing all type of loans to them (E.G) mortgages, home loans business loans and bad credit loans commercial loans, start-up- working capital loans, construction loans ,car loans, hotel loans,and student loans, personal loans, Debts Consolidation Loans, what are you waiting for asap why don't you try Dr. Robert Jack Loan home and be free from debts any interested client should contact me asap (dr.robertjackloans@gmail.com)
  20. LADY LOPEZ's Avatar
    Hello,
    I'm Lady Lopez of the Church finance the loan, a legitimate loan lender, we give loans to businesses to invest and to solve financial problems, our loans easily and share capital of $150 Million usd, plans to grant private loans short and long term, a term ranging from $500 usd to $150 million usd usd for all serious people, reliable, and integrate you want to make the loan. My interest rate of 2% if you are interested in our offer please contact us at, LADYLOPEZLOANINSTITUTE@GMAIL.COM

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