Privacy Issues in the Workplace

 A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms for the inspection to be conducted. 389

The California Labor Commissioner will be developing a template for posting that employers may use to comply with the requirements of notifying employees of an inspection of I-9 Employment Eligibility Verification forms or other employment records by an immigration agency. 390 The template will be posted on the California Labor Commissioner’s Internet Web site.

In addition to providing current employees with written notice of the inspection, the employer must:

 Upon reasonable request, provide an affected employee with a copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms. 391  Except as otherwise provided by federal law, provide each current affected employee and the employee’s authorized representative (if any) with a copy of the following:  The results of the I-9 Employment Eligibility Verification forms or other employment records within 72 hours of receiving it 392  Written notice of the obligations of the employer and the affected employee arising from the results of the inspection, within 72 hours of receiving the results. 393 The notice should relate to the affected employee only. It should be delivered by hand at the workplace if possible, and if not possible, by mail and email, if the email address of the employee is known. It also should be delivered to the employee’s representative. 394 The notice should contain the following information:  A description of any and all deficiencies or other items identified in the written immigration 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. 395

An employer who fails to provide the above notices about the results of the inspection and what needs to be done to correct the deficiencies is subject to a civil penalty of two thousand dollars to up to five thousand dollars for the first violation, and five thousand dollars up to ten thousand dollars for each subsequent violation. 396 A penalty is not required to be imposed on an employer or person who fails to provide the notice to an employee at the express and specific direction or request of the federal government. 397

Privacy Issues in the Workplace ©2019 (s) Liebert Cassidy Whitmore 113