BILL ANALYSIS Ó
SB 432
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SENATE THIRD READING
SB
432 (Mendoza)
As Amended April 27, 2015
Majority vote
SENATE VOTE: 35-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Labor |6-1 |Roger Hernández, Chu, |Harper |
| | |Low, McCarty, | |
| | |Patterson, Thurmond | |
| | | | |
| | | | |
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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:
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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
United States (U.S.) citizen or authorized to work in the U.S.
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
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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
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%
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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% 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
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.
No opposition on file.
Analysis Prepared by:
Lorie Alvarez / L. & E. / (916) 319-2091 FN:
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