BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                     SB 432


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          Date of Hearing:  June 24, 2015


                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT


                               Roger HernŠndez, Chair


          SB  
          432 (Mendoza) - As Amended April 27, 2015


          SENATE VOTE:  35-0


          SUBJECT:  Public works: aliens.


          SUMMARY:  Deletes the definition of "alien" from the Labor Code  
          to describe any person who is not born in or a fully naturalized  
          citizen of the United States and also deletes a prescribed order  
          for the issuance of employment under public works contracts in  
          the limited instance of extraordinary unemployment, as  
          specified.  


          EXISTING FEDERAL LAW:   


          1)States that it is illegal for a person or other entity to  
            "knowingly" hire, recruit, or refer for employment an  
            unauthorized individual or any individual without complying  
            with specified employment verification procedures. 


          2)Requires employers to verify that every new hire is either a  
            U.S. citizen or authorized to work in the U.S.  









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          3)Requires that all employers have new employees complete form  
            I-9, Employment Eligibility Verification, upon hire.  


          EXISTING STATE LAW:   


          1)States that all protections, rights, and remedies available  
            under state law, except any reinstatement remedy prohibited by  
            federal law, are available to all individuals regardless of  
            immigration status who have applied for employment, or who are  
            or have been employed in the state.  In addition, for purposes  
            of enforcing state labor and employment laws, a person's  
            immigration status is irrelevant to the issue of liability or  
            in proceedings, where no inquiry is permitted into a person's  
            immigration status except where the person seeking the inquiry  
            has shown, by clear and convincing evidence, that the inquiry  
            is necessary in order to comply with federal immigration law.   



          2)Prohibits an employer from engaging in (or directing 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 Labor Code or by any local ordinance  
            applicable to employees.  "Unfair immigration-related  
            practice" means any of the following practices when undertaken  
            for retaliatory purposes: 


             a)   Requesting more or different employment verification  
               documents than are required under law, or refusing to honor  
               documents that on their face reasonably appear to be  
               genuine.


             b)   Using the federal E-Verify system to check the  








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               employment authorization status of a person at a time or in  
               a manner not required under federal law, or not authorized  
               under any memorandum of understanding governing the use of  
               the federal E-Verify system. 


             c)   Threatening to file or the filing of a false police  
               report, or a false report or complaint with any state or  
               federal agency.


             d)   Threatening to contact or contacting immigration  
               authorities.


          FISCAL EFFECT:  None


          COMMENTS:   According to the author, the U.S. is a country of  
          immigrants who not only form an integral part of our culture and  
          society, but are also critical contributors to our economic  
          success.  Immigrants work and pay taxes, as well as-create new  
          products, businesses, and technologies, which generate jobs for  
          all Americans.  Additionally, the author points out, the Bureau  
          of Labor Statistics (BLS) Report "Foreign-Born Workers: Labor  
          Force Characteristics in 2013", there were 25.3 million  
          foreign-born persons in the U.S. labor force, comprising 16.3  
          percent of the total workforce.  The BLS Report also noted that  
          foreign-born workers were more likely than native-born workers  
          to be employed in service occupations.  Furthermore, the U.S.  
          Department of Treasury notes that immigrants own 10.8 percent of  
          all firms with employees thus providing job opportunities for  
          thousands of Americans. 


          In 1937, the state Legislature enacted various provisions  
          regarding the employment of "aliens," who are defined as any  
          person who is not born in or a fully naturalized citizen of the  
          U.S.  The Legislature repealed most of these Labor Code statutes  








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          in 1970.  However, the definition for "alien" was not repealed  
          and is still found in the Labor Code.  Under current law, all  
          employment protections, rights, and remedies available under  
          state law, except as prohibited by federal law, are available to  
          all individuals regardless of immigration status.  Over the last  
          few years, bills have been signed into law, which have  
          strengthened labor law protections for immigrant workers.


          Proponents argue that California is among the top destination  
          states for immigrants in the U.S. and given the abundant  
          evidence of their many contributions, the author believes it is  
          imperative that any derogative references to foreign-born  
          individuals be repealed from state law.  Further, proponents  
          argue that the word "alien" and any statutes prescribing an  
          order for the issuance of employment to "aliens" has no place in  
          the laws of our state and more importantly, should never be the  
          basis of an employment hiring protocol.


          REGISTERED SUPPORT / OPPOSITION:




          Support




          California Applicants' Attorneys Association
          California Rural Legal Assistance Foundation


          MALDEF


          National Association of Social Workers, CA









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          Northern CA District Council of International Longshore and  
          Warehouse Union




          Opposition


          None on file.




          Analysis Prepared by:Lorie Alvarez / L. & E. / (916)  
          319-2091