In August 2022 Senate Bill 836 became law when Governor Gavin Newsome signed the bill. In a previous blog, we discussed the impact of SB 836 and the power it would bring to those who protect immigrants and employees from employer abuse and abuse within the court system.
Now that SB 836 is law, it reconnects past protections with today’s employment and legal regulations and offers to:
1. Keep Immigration Status Out Of Court Proceedings
By keeping the immigration status out of court proceedings, Senate Bill 836 helps to prevent situations where the identification of immigrants could affect the jury and legal representation in ways that could negatively impact the fairness of legal proceedings. The new law makes it easier for employees regardless of their immigration status to come forward and testify without fear of deportation or other actions that might threaten their being in this country.
2. Stop Employer Abuse and Threats
The new law makes it difficult for employers to threaten employees who may file employment law charges or who may testify in other cases where their testimony would not support their employer’s position.
Mostly, this means that when employees go to the Department of Labor or other government agencies with employer abuses, such as wrongful termination, incorrect pay issues, or unpaid overtime, their immigration status is not an issue. In fact, it is not brought up at all. Now, a boss can no longer threaten an immigrant worker with potential deportation or other abusive actions if the immigrant worker chooses to testify in court.
That action benefits all workers, especially those who face punishment by abusive employers for standing up for their own rights and the rights of others. The process also makes it safer and easier for employees to come forward without fear of being deported due to their immigration status.
3. Senate Bill 836 Closes The Door To The Ill-Treatment Of Immigrant Workers
In the past, employers could take advantage of immigrant workers who did not know the law or understand their rights. The new laws under Senate Bill 836 help to close the door on situations where employers can take advantage of their California employees when their immigration status is questionable.
The new law makes it a crime to threaten workers by exposing them as illegal or undocumented workers. It prevents the disclosure of immigration status. Further, the law removes the possibility of employers using immigration to shift the focus of their legal cases away from themselves. It also protects immigrants in ways that help them feel safer about coming forward to stop abusive working conditions and situations before they become a secret way of life.
For More Information About Senate Bill 836, Contact DLaw Today!
If you are an employee in California and feel you may be in an abusive employment situation, you can find out your rights by contacting DLaw. Our experienced and empathetic attorneys are here to help all California employees. We have years of experience and will be supportive every step of the way. Call us today at (818) 275-5799.