Privacy Issues in the Workplace

prohibit an employer from challenging the validity of a subpoena or judicial warrant in a federal district court. 386 The requirement of a subpoena or judicial warrant also does not apply to I-9 Employment Eligibility Verification forms and other documents for which a Notice of Inspection has been provided to the employer. 387 With respect to the Notice of Inspection and posting requirements, “except as otherwise required by federal law,” the employer must provide notice to each current employee of any inspections of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency. 388 The employer must give this notice “within 72 hours of receiving the notice of inspection” from the immigration agency, and the employer’s notice to the current employees must be posted “in the language the employer normally uses to communicate employment-related information to the employee.” 389 The employer must also give written notice “within 72 hours” to the employee’s authorized representative, if any. 390 The posted notice must contain the following:

 The name of the immigration agency conducting the inspections of I-9 Employment Eligibility Verification forms or other employment records.

 The date that the employer received the notice of inspection.

 The nature of the inspection to the extent known.

 A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms for the inspection to be conducted. 391

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. 392 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. 393  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 394  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. 395 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

Privacy Issues in the Workplace ©2021 (s) Liebert Cassidy Whitmore 116