Jackson Lewis: California Broadens Immigration-related Retaliation Protections | Practical Law

Jackson Lewis: California Broadens Immigration-related Retaliation Protections | Practical Law

This California immigration Law Firm Publication by Jackson Lewis P.C. discusses Assembly Bill 2751 (AB 2751), which broadens protections and remedies for those subjected to immigration-related retaliation. The bill, signed into law by Governor Jerry Brown, expands the definition of "unfair immigration-related practice" found in AB 263 and SB 666 (previously enacted laws protecting immigrants from retaliation), to include an employer's filing or threat to file a false complaint with any state or federal agency, in addition to the police or immigration authorities, in retaliation for an employee's protected activity. AB 2751 authorizes an employee subjected to unfair immigration-related practice to bring a civil action for equitable relief and damages. It also clarifies that employees who face illegal retaliation will be awarded a $10,000 penalty for each violation. The new law allows courts to suspend business licenses of offenders based on their number of violations. In addition, the scope of retaliation protection for employees who update their personal information is limited to those who make updates related to work authorization. Previous protections extended to employees who corrected misrepresentations about their education or criminal background. AB 2751 will take effect on January 1, 2015.

Jackson Lewis: California Broadens Immigration-related Retaliation Protections

Practical Law Legal Update 5-580-3997 (Approx. 3 pages)

Jackson Lewis: California Broadens Immigration-related Retaliation Protections

by Jackson Lewis P.C.
Published on 05 Sep 2014California, United States
This California immigration Law Firm Publication by Jackson Lewis P.C. discusses Assembly Bill 2751 (AB 2751), which broadens protections and remedies for those subjected to immigration-related retaliation. The bill, signed into law by Governor Jerry Brown, expands the definition of "unfair immigration-related practice" found in AB 263 and SB 666 (previously enacted laws protecting immigrants from retaliation), to include an employer's filing or threat to file a false complaint with any state or federal agency, in addition to the police or immigration authorities, in retaliation for an employee's protected activity. AB 2751 authorizes an employee subjected to unfair immigration-related practice to bring a civil action for equitable relief and damages. It also clarifies that employees who face illegal retaliation will be awarded a $10,000 penalty for each violation. The new law allows courts to suspend business licenses of offenders based on their number of violations. In addition, the scope of retaliation protection for employees who update their personal information is limited to those who make updates related to work authorization. Previous protections extended to employees who corrected misrepresentations about their education or criminal background. AB 2751 will take effect on January 1, 2015.