BILL NUMBER: SB 1001	CHAPTERED
	BILL TEXT

	CHAPTER  782
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2016
	PASSED THE SENATE  AUGUST 26, 2016
	PASSED THE ASSEMBLY  AUGUST 24, 2016
	AMENDED IN ASSEMBLY  AUGUST 18, 2016
	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Mitchell
   (Principal coauthor: Assembly Member Chiu)
   (Coauthors: Assembly Members Eggman and Thurmond)

                        FEBRUARY 10, 2016

   An act to add Section 1019.1 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1001, Mitchell. Employment: unfair practices.
   Existing law prohibits an employer or any other person from
engaging in, or directing another person to engage in, an unfair
immigration-related practice against a person for the purpose of or
intent to retaliate against any person for exercising a protected
right, as specified. Existing law defines requesting more or
different documents than are required under federal law, or refusing
to honor documents tendered that on their face reasonably appear to
be genuine, as an unfair immigration-related practice.
   This bill would make it unlawful for an employer to request more
or different documents than are required under federal law, to refuse
to honor documents tendered that on their face reasonably appear to
be genuine, to refuse to honor documents or work authorization based
upon the specific status or term of status that accompanies the
authorization to work, or to reinvestigate or reverify an incumbent
employee's authorization to work, as specified. The bill would
authorize an applicant for employment or an employee who is subject
to an unlawful act that is prohibited by these provisions, or a
representative of that applicant for employment or employee, to file
a complaint with the Division of Labor Standards Enforcement. The
bill would specify that any person who violates these provisions
shall be subject to a penalty imposed by the Labor Commissioner not
exceeding $10,000, and be liable for equitable relief.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1019.1 is added to the Labor Code, to read:
   1019.1.  (a) It is unlawful for an employer, in the course of
satisfying the requirements of Section 1324a(b) of Title 8 of the
United States Code, to do any of the following:
   (1) Request more or different documents than are required under
Section 1324a(b) of Title 8 of the United States Code.
   (2) Refuse to honor documents tendered that on their face
reasonably appear to be genuine.
   (3) Refuse to honor documents or work authorization based upon the
specific status or term of status that accompanies the authorization
to work.
   (4) Attempt to reinvestigate or reverify an incumbent employee's
authorization to work using an unfair immigration-related practice.
   (b) (1) Any person who violates this section shall be subject to a
penalty imposed by the Labor Commissioner and liability for
equitable relief.
   (2) An applicant for employment or an employee who is subject to
an unlawful act that is prohibited by this section, or a
representative of that applicant for employment or employee, may file
a complaint with the Division of Labor Standards Enforcement
pursuant to Section 98.7.
   (3) The penalty recoverable by the applicant or employee, or by
the Labor Commissioner, for a violation of this section shall not
exceed ten thousand dollars ($10,000) per violation.