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AB-2732 Employment: unfair immigration-related practices. (2017-2018)

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Date Published: 07/03/2018 09:00 PM
AB2732:v96#DOCUMENT

Amended  IN  Senate  July 03, 2018
Amended  IN  Senate  June 19, 2018
Amended  IN  Assembly  April 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2732


Introduced by Assembly Member Gonzalez Fletcher
(Coauthor: Assembly Member Gloria)

February 15, 2018


An act to add Sections 1019.3 and 1019.5 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2732, as amended, Gonzalez Fletcher. Employment: unfair immigration-related practices.
Under existing law, it is unlawful for an employer or any other person or entity to engage in, or to direct another person or entity to engage in, unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under the Labor Code or by any local ordinance applicable to employees, as specified.
This bill would make it unlawful for an employer to knowingly destroy, conceal, remove, confiscate, or possess any actual or purported passport or other immigration document, or any other actual or purported government identification document of another person in the course of committing, or with the intent to commit, trafficking, peonage, slavery, involuntary servitude, or a coercive labor practice. The bill would impose specified civil and criminal penalties for a violation. By imposing criminal penalties, the bill would impose a state-mandated local program. The bill would require an employer to post a prescribed workplace notice with information including the right to maintain custody and control of immigration documents and that the withholding of immigration documents by an employer is a crime.
The bill would require an employer employer, prior to verifying an employee’s employment authorization pursuant to federal law governing the employment of unauthorized aliens, to provide to employees the employee a document entitled the “Worker’s Bill of Rights,” in a language understood by the employee, to be developed and made available to employers by the Department of Industrial Relations on or before July 1, 2019, and require such an employee to sign and date the document in acknowledgment that the employee has read and understood the employee’s rights. The bill would require the employer to keep the signed document in its records for at least 3 years and to give the employee a copy of the signed document.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1019.3 is added to the Labor Code, to read:

1019.3.
 (a) It is unlawful for an employer to knowingly destroy, conceal, remove, confiscate, or possess any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person in the course of committing, or with the intent to commit, trafficking, peonage, slavery, involuntary servitude, or a coercive labor practice.
(b) A violation of subdivision (a) is a misdemeanor.
(c) Notwithstanding, and in addition to, any fine that may be levied as a result of any criminal prosecution provided for in subdivision (b) or another statute, an employer who violates subdivision (a) shall be subject to a civil penalty of up to ten thousand dollars ($10,000). The penalty shall be recoverable by the Labor Commissioner.
(d) An employer shall keep posted conspicuously at the place of work, if practicable, or otherwise where it can be seen as employees come and go to their places of work, or at the office or nearest agency for payment kept by the employer, a notice specifying the rights of an employee to maintain custody and control of the employee’s own immigration documents and that the withholding of immigration documents by an employer is a crime, in accordance with this section. The notice shall also inform employees of the following: “If your employer or anyone is controlling your movement, documents, or wages, or using direct or implied threats against you or your family, or both, you have the right to call local or federal authorities, or the National Human Trafficking Hotline at 888-373-7888.”
(e) In enacting this section, the Legislature does not intend to preclude a prosecution under the labor trafficking provisions or other laws prohibiting the mistreatment of workers generally, or any other civil remedy available at law or equity.

SEC. 2.

 Section 1019.5 is added to the Labor Code, to read:

1019.5.
 (a) An Prior to verifying an employee’s employment authorization pursuant to Section 1324a(b) of Title 8 of the United States Code, an employer shall provide to each the employee the document entitled the “Worker’s Bill of Rights,” as developed by the department pursuant to this section on or before July 1, 2019, in a language understood by the employee, and shall require the employee to sign and date the document in acknowledgment that the employee has read and understood the rights listed in the document. The employer shall keep the signed document in its records for a period of no less than three years and shall give the employee a copy of the signed document. The employer may comply with the language requirement either by providing the document in the language understood by the employee, or, if not available from the department in the language understood by the employee pursuant to subdivision (c), by having the document interpreted for the employee in the language that the employee understands.
(b)  On or before July 1, 2019, the department shall develop a document for purposes of this section, entitled the “Worker’s Bill of Rights,” to inform an employee of the following rights:
(1) The right of an employee to hold on to the employee’s own immigration and identification documents and that an employer cannot take those documents from the employee, except as required to inspect or copy documents to verify employment eligibility under federal law.
(2) The right to be paid the mandatory minimum wage established by law or a wage that is agreed upon in an employment contract, whichever is higher.
(3) The right to live wherever the employee chooses and that the employee does not have to live at any place designated by the employer.
(4) The right not to be subject to debt bondage in lieu of being paid wages owed to the employee. Debt bondage is not legal in the United States and there is no imprisonment for those who owe money.
(5) The right to call local or federal authorities, or the National Human Trafficking Hotline at 888-373-7888, if the employer or anyone else is controlling the employee’s movement, documents, or wages, or using direct or implied threats against the employee or the employee’s family.
(c) The department shall make the document developed pursuant to subdivision (b) available on its Internet Web site for download by employers to use in accordance with this section on or before July 1, 2019. The department shall make the document available in English and in versions translated into the 12 languages most commonly spoken in this state by non-English-speaking people or people with limited English language proficiency.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.