Employment: immigration and work authorization.

Assembly Member Ortega's workplace immigration protection measure establishes new requirements for California employers regarding employee immigration proceedings and work authorization matters. The legislation requires employers with more than 25 employees to provide up to five unpaid days off for workers to attend immigration-related appointments, interviews, legal proceedings, or meetings.

The bill creates specific protocols for employees facing work authorization challenges. Employers must reinstate workers who temporarily lose work authorization to their previous positions without loss of seniority if they obtain proper documentation within 12 months. For employees detained due to immigration proceedings, employers must provide unpaid leave for up to 12 months, with guaranteed job restoration upon release if valid work authorization is presented. When immediate reinstatement is not possible due to lack of available positions, employers must offer qualified former employees priority consideration for openings before hiring new staff.

Under the measure, employers cannot terminate or discriminate against employees solely due to their involvement in immigration or deportation proceedings, provided they maintain valid work authorization. The Labor Commissioner would oversee enforcement of these provisions, which apply to both public and private employers but exempt those with 25 or fewer employees. The bill specifies that its requirements do not override existing collective bargaining agreements that provide stronger worker protections.