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I-9 E-Verify Immigration Compliance

California Amends Law on Updating Immigration Status; by Bruce Buchanan, Siskind Suss

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California Governor Jerry Brown has amended a recently enacted state employment law that expanded workplace protections for California workers, including immigrant employees. The amendment to the law adds language which clarifies the statute, especially for immigration purposes.

Assembly Bill 263, which went into effect on January 1, 2014, provides greater protections against adverse employment actions to workers who are seeking to change their personal information or exercise their workplace rights. (See my prior blog post at LawLogix™) The statute says that employers may not discharge or take any other adverse employment 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." Thus, even if an employee made a prior false statement about their immigration status, an employer cannot discharge the employee for making such a statement.

Assembly Bill 2751 amends AB 263 by adding language that employers may not discharge, discriminate, retaliate, or take any adverse employment action against an employee for updating or attempting to update personal information "based on a lawful change of name, social security number, or federal employment authorization document" (e.g., permanent resident card or Employment Authorization card), unless the change relates to skills, qualifications, or knowledge required for the job.

For example, if an employee in California presents a new permanent resident card, Employment Authorization card and/or social security number, the employer may not discharge or take any adverse employment action against that employee. These types of situations occur when an employee receives employment authorization, such as through Deferred Action for Childhood Arrivals (DACA) or permanent residency through an immediate family member’s petition.

Employers may, however, still discharge or take adverse employment action against an employee who makes false statements that do not involve updating their immigration status or other personal information.

As the above language demonstrates, these situations can become complicated. Thus, California employers should seek the advice of an immigration compliance attorney to ensure compliance with the law.

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Size:  2.9 KB ABOUT THE AUTHOR: Bruce Buchanan is an attorney with the law firm of Siskind Susser P.C. - www.visalaw.com - a full service U.S. immigration law firm representing employers and individuals nationwide for over 20 years. You can also follow this author on social media via Facebook and on Twitter @BuchananVisaLaw .

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Updated 08-05-2014 at 01:33 PM by BBuchanan

Comments

  1. Dave Francis's Avatar
    As I mentioned in my previous commentaries those who can, should sacrifice an hour of their time to crowd any town hall meeting and speak up about the illegal alien invasion. Voice your opinion and release some of your bitterness and frustration at your municipal, state or federal politician. Don?t matter if you voted originally for President Obama or any of his Democratic friends, or a GOP beltway career Republican or listening to the fresh speech of a new rising Tea Party candidate. Everybody has financial involvement as a beaten down taxpayer, an anti-illegal alien advocate, a pro-sovereignty patriot or against the Obama administrations pressure to take away our unalienable freedoms degreed to the American people in the US constitution.

    This president has done more to sweep America into the toilet, even more so than former President Carter. Not only is these town hall meeting about Illegal aliens are depressing wages and worsening working conditions for legal immigrants and citizens in low-skilled and low-paying jobs, as the General Accounting Office says, Furthermore, if wages were not depressed by illegal workers, even greater numbers of native and legal workers would be in that labor market.

    REMEMBER PRO-OPEN BORDER ZEALOTS WILL BE OUT IN FORCE.

    The National TEA PARTY is all about reducing government, introducing a simple consumer tax; that means doing away with the IRS, which has become an enemy of every taxpayer, lowering 17 Trillion plus US deficit and rebuilding our military.



    With primetime for political activism is here: the August Recess. NumbersUSA is ready to provide you the most up-to-date information on town hall meetings with your members of Congress. All concerned Americans are encouraged to use our new August Recess Town Hall Map to find local events at which to hold elected officials accountable. https://www.numbersusa.com/


    You can view a map on Numbersusa page and even click for a larger version. They welcome you to send any confirmed town hall meetings that are not yet on the map on the website:

    No matter what happens today, there are grave concerns that voters need to confront their Representatives about this summer. The long list includes President Obama?s plans to issue more executive amnesties, the federal government relocating illegal aliens to towns across the country and a tragically long reputation of the government refusing to enforce our immigration laws- the cause of the border crisis we are experiencing now.

    The amount of attention being paid to immigration is at the highest it?s been in years. Because of this, a pro-enforcement, commonsense message is echoing loudly across the nation. Americans en masse are feeling the consequences of our government?s failures.

    This upcoming August Recess is perhaps the only time many will have the opportunity to speak with elected officials this year. Please consider attending a town hall near you to help enact real change this summer. This may be the only chance any of us have got, to make a difference to the very real plight of 25 million American job seekers. America is in peril! If Obama and the Democrats get their way, drug cartels, human traffickers and dangerous criminals will flow freely through our borders. Obama cannot be trusted. He has no intention of securing our borders. He is a fraud and a liar and his amnesty plan is a danger to national security. Democrats are going to try and pass an amnesty bill after Washington Summer recess. Rise up against the most anti-American president in the history of our country. He has allowed 36,000 alcohol-abusing, drug using, sexual predators and other criminals to flood our neighborhood and millions more are coming if Obama gets his way with amnesty.

    We just can't let that happen or we will be living in a fearful society, paying taxes just to pay for illegal aliens, who have become bloodsuckers in Obamas welfare programs for ALL. These people cannot speak English and have lesser than an 8th grade education, so they must rely on the generous distribution of extracted taxpayer?s money. We have to support their public subsidies to live; housing and education for their kids. We need a leader who will unite the country; not divide us, no matter where we are from? Make Barack Hussein Obama pay for his crimes against America. Look at the destruction he has brought about to our economy, our people, our health care system, our financial system, our military as well as our right to free speech, our right to bear arms and our right to privacy. His idea of fundamental change is to turn America into a socialist country run by his repressive government.

    Only candidates of the National TEA PARTY, moderate Conservatism will enforce immigration laws and follow the dictates of the Rule of Law, the Federal Registry and the US Constitution. We need National TEA PARTY candidates who will abide by the oath of allegiance, our sovereignty to respect the Rule of Law and the vision of our founders, the US Constitution. Rough your politicians up?verbally and introduce them to a pink slip, if they don?t follow the will of the people. Check this site that has the phone Numbers and Mailing Addresses of Members of Congress at: www.contactingthecongress/ to demand an end to illegal immigration and the dismantling of our laws, sovereignty and military, which is protection against our enemies. This is the number for the central switchboard for Congress to address your grievances at 800-224-3121.

    We must Block amnesty for illegal aliens, which is entirely up to us?grassroots America?the little vulnerable populace. You can also get alternative?NO SPIN-- news about issues at One-America cable TV News http:/www.oann.com/ and TeaPartypatriots.org/ teaparty.org You might also like to try (AliPac) http://www.alipac.us/
  2. italiansrus's Avatar
    This is the type of proselitism like the message left above that has been spewing for years against immigrants many decades now, they started with this fallacies against western europeans, indians, blacks, asians and now with latino immigrants (documented and undocumented) this is the type of rethoric that has brought discord, hate and racism in america, and it needs to be repudiated. We need to look into ted cruz communist mentality and background this is not castro's cuba, which he is using and riding with it, he doesn't care about the tea party except to further himself & a few others, and this is played for audiences in certain parts of the country in which more often than not never contribute to the greater good of the union as a whole, but yet they want to take credit for what immigrants have done & continue to do & for about what 7 states do to make this country great, perhaps they should model their diversity and learn from those successes. We need to repudiate this type of mentality and support the uniting of immigrant families for the greater good of America.
    Updated 08-05-2014 at 10:57 PM by italiansrus
  3. STMnln's Avatar
    Maybe I miss read this, but if an employee provides information that "corrects" their employment status after willingly and knowingly providing false information, California says no action can be taken? That's just wrong.
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