AB 2751 – Clean-Up Legislation for Unfair Immigration-Related Practices

Category: Briefing Room
Date: Dec 30, 2014 07:11 PM

AB 263 (2013) prohibited an employer from engaging in unfair immigration-related practices against a person for the purpose of, or with the intent of, retaliating against a person for exercising rights under state or local labor and employment laws or ordinances.  It was an unfair immigration-related practice to, among other things, threaten to file or to file a false police report.

AB 2751 expands the definition of an unfair immigration-related practice to include threatening to file or filing any false report or complaint with any state or federal agency.  This bill also clarifies that an employer may not take any adverse employment action or discriminate against an employee based on the employee's lawful change of name, social security number, or federal employment authorization document.  Previously, the employer could not discriminate or take adverse action where the employee updated his or her personal information, unless the change related directly to the skill set, qualifications, or knowledge required for the job.  The legislation also clarifies that the $10,000 civil penalty in Labor Code section 98.6 for retaliation is payable to the aggrieved worker.

(AB 2751 amends Sections 98.6, 1019, and 1024.6 of the Labor Code.)

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