Amended
IN
Assembly
March 22, 2018 |
Assembly Bill | No. 2827 |
Introduced by Assembly Member Travis Allen |
February 16, 2018 |
This bill would state the intent of the Legislature to enact legislation that would protect a private citizen who chooses to uphold federal statute within the context of these provisions of existing law and would make a finding and declaration about the importance of protecting California citizens and businesses from prosecution for following federal law.
(b)An employer who violates subdivision (a) shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation. If a court finds that an immigration enforcement agent was permitted to enter a nonpublic area of a place of labor without the consent of the employer or other person in control of the place of labor, the civil penalty shall not apply. “Violation” means each incident when it is found that subdivision (a) was violated without reference to the number of employees, the number of immigration enforcement agents involved in the incident, or the number of locations affected in a day.
(c)
(d)
(e)
(2)
(b)An employer who violates subdivision (a) shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000)
up to
ten thousand dollars ($10,000) for each subsequent violation. If a court finds that an immigration enforcement agent was permitted to access, review, or obtain the employer’s employee records without the consent of the employer or other person in control of the place of labor, the civil penalty shall not apply. “Violation” means each incident when it is found that subdivision (a) was violated without reference to the number of employees, the number of immigration enforcement agents involved in the incident, or the number of employee records accessed, reviewed, or obtained.
(c)
(d)
(c)An employer who fails to provide the notices required by this section shall be subject to a civil penalty of two thousand dollars ($2,000)
up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000)
up to ten thousand dollars ($10,000) for each subsequent violation. This section does not require a penalty to be imposed upon an employer or person who fails to provide notice to an employee at the express and specific direction or request of the federal government. The penalty shall be recoverable by the Labor Commissioner.
(d)
(e)
(f)
(b)(1)Except as provided in paragraph (2), an employer who violates subdivision (a) shall be subject to a civil
penalty of up to ten thousand dollars ($10,000). The penalty shall be recoverable by the Labor Commissioner.
(2)The actions of an employer that violate subdivision (a) and result in a civil penalty under paragraph (1) shall not also form the basis for liability or penalty under Section 1019.1.
(c)
(a)The Legislature finds and declares it is important to protect California citizens and businesses from prosecution for following federal law.
(b)It is the intent of the Legislature to enact legislation that would protect a private citizen who chooses to uphold federal statute within the context of Sections 7285.1, 7285.2, and 7285.3 of the Government Code and Sections 90.2 and 1019.2 of the Labor Code.