California employers must post and follow AB 450 notice rules when they receive I-9 inspection notices, presenters say

At a webinar on July 16, Odette Ford of the Governor’s Office of Business and Economic Development convened a Train‑the‑Trainer session on employer obligations during immigration enforcement and I‑9 inspections. Max Norris, a staff attorney with the California Labor Commissioner’s Office, emphasized the state-level notice requirements under Assembly Bill 450 and Labor Code section 90.2.

"AB 450 does not put employers at odds with federal immigration agents," Norris said. "Instead, it creates a parallel guardrail to federal law, a clear path of compliance for employers." He noted AB 450 took effect Jan. 1, 2018, and is enforced by the California Attorney General and the Labor Commissioner.

Under Labor Code 90.2(a), an employer that receives a notice of inspection from a federal immigration enforcement agency must post the inspection notice in a central workplace location within 72 hours. Employers must also post a cover sheet in the language they normally use to communicate with employees that includes the agency name, date the notice was received, the nature of the inspection and a copy of the federal notice. "The cover page ... needs to be in the language with which the employer normally posts," Norris said.

If the inspection yields individualized results, Labor Code 90.2(b) requires a second, individualized notice to the affected employee (or, where applicable, a collective bargaining representative). That individualized notice must include the written results, information about any correction period or meeting dates, and notification that the employee has a right to representation when meeting with the employer.

Norris directed employers to DLSE resources and downloadable 90.2 forms available on the agency website for sample notices and additional guidance.

The presentation made clear that these posting requirements apply to public and private employers alike. The webinar speakers advised employers not to waive the statutory response time; using the 72‑hour window is a practical step to collect documents and seek counsel if needed. The Labor Commissioner’s office and other state agencies maintain FAQ pages and templates that the presenters said they will share with attendees.

The webinar concluded with a reminder that statutory notice obligations are distinct from federal enforcement actions and do not authorize employers to take immigration enforcement steps themselves.