California Labor Laws Protect Every Worker in the State, Regardless of Immigration Status
In light of recent immigration enforcement efforts at the federal level, the California Labor Commissioner issued a news release on Monday, June 9, 2025, pointedly reminding employers that the state's labor laws protect every worker in the state, regardless of immigration status. The Labor Commissioner cited multiple laws that provide such protection and reminded employers that those who violate the laws can face penalties of up to $10,000 per violation. (Labor Code Sections 90.2, 1019, 1019.1 and 1019.2)
The news release contains a chart summarizing some of the protective laws, including the following:
- Employers must timely notify employees of immigration enforcement actions at the workplace and must notify affected employees of the result of the action as well as their right to representation. (Labor Code Section 90.2)
- Employers may not report or threaten to report the suspected immigration or citizenship status of an employee, former employee, prospective employee, or a relative because the individual exercised a right under the Labor Code, Government Code, or Civil Code. (Labor Code Section 244)
- Employers must not commit unfair immigration-related practices including:
- Requesting more or different documents than required by federal law.
- Misusing E-Verify.
- Filing or threatening to file a false report with a government agency.
- Threatening to contact or contacting immigration authorities because the employee engaged in activities protected by the Labor Code. (Labor Code Section 1019)
- Requesting more or different documents than required by federal law.
These protections extend to every employee who works in California regardless of whether they work on-site or remotely, permanently or temporarily.
DWT will continue to monitor issues arising out of ICE enforcement actions and will provide updates as warranted. In the meantime, if you have any questions about your legal rights or obligations, or about a specific situation, please contact a member of DWT's employment services team.