An Administrator's Guide to California Private School Law

Chapter 10 - Privacy Rights Of Students And Employees

An employer, upon reasonable request, must also provide an affected employee a copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms. 1798 The law also requires employers to provide an affected employee and the employee’s authorized representative if he or she has one with the written results of the inspection and written notice of the employer’s and employee’s resulting obligations. 1799 The results of the inspection and the employer’s and employee’s resulting obligations must be provided to the affected employee within 72 hours of the employer’s receipt of those results. The notice provided to the employee must only relate to the affected employee, and must be hand delivered, or if hand delivery is not possible, the notice must be sent by both mail and email to the employee and his or her representative. The notice to the employee must provide:  A description of any and all deficiencies or other items identified in the written immigration inspection results notice related to the affected employee.  The time period for correcting any potential deficiencies identified by the immigration agency.  The time and date of any meeting with the employer to correct any identified deficiencies.  Notice that the employee has the right to representation during any meeting scheduled with the employer. 1800 Finally, the law prohibits an employer from re-verifying a current employee’s employment eligibility at a time or in a manner not required by federal law. 1801 This law’s prohibitions may be enforced by the Labor Commissioner or the state Attorney General. A first violation subjects the employer to a fine of $2,000 to $5,000; the fine for a second violation is $5,000 to $10,000. 1802 While the Act does not otherwise limit an employer’s obligation to comply with mandatory actions taken by federal immigration authorities, it is part of the Legislature’s recent trend to prohibit employers from voluntarily participating with federal immigration authorities or taking related actions that go beyond what is otherwise required under federal law.

R EGULATION O F E MPLOYEE P ERSONAL A ND O FF - D UTY C ONDUCT

Section 5

Employers are only permitted to control off-duty conduct or relationships in limited circumstances. The touchstone in all of these is job nexus, or connection to the position in question. This section will explore the laws that define and limit the circumstances in which an employer can control, interfere with, or base employment decisions upon, off-duty conduct or relationships.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 404