Employment: immigration and work authorization.

Removed the requirement that employers deliver job offers by hand delivery, mail, email, and text message. The enrolled version only requires offers be made 'in writing,' giving employers more flexibility in how they notify former employees of available positions.

Removed the phrase 'and for which priority is based on length of service with the employer, before a new employee may be hired' from the job-offer provision. The enrolled version simply requires offering positions 'for which the employee is qualified,' removing the explicit priority-based hiring restriction.

Removed a redundant paragraph (former 1019.6(c)(3)) that separately addressed returning employees to work after immigration detention when no position was available at the time of work authorization production. This scenario is already covered by the existing provision in 1019.6(c)(1)(A)(ii).

Narrowed the collective bargaining agreement exemption. The old version protected any CBA or MOU that 'provides additional protections to employees than what is included in this chapter.' The enrolled version only protects CBAs or MOUs that 'contain a provision addressing rehire or reinstatement rights or leave rights regarding employees who are subject to immigration proceedings.' This limits the exemption to agreements specifically dealing with immigration-related employment rights.

Added 'if applicable' to the definition of 'postintroductory employee,' clarifying that the probation period requirement only applies when one exists. Some employers may not have a formal probationary period, and this language accounts for that.

The document changed from a formal enrolled legislative format (with page numbers, clerk signatures, and passage stamps) to a web page rendering that includes site navigation, bill history timeline, vote/appropriation metadata, and a 'Date Published' field. No statutory language was altered.

New Section 1019.10 makes the entire chapter inoperative on July 1, 2029 and repealed as of January 1, 2030, meaning all protections expire after roughly four years.

The 5 unpaid working days for immigration-related appointments are now limited to a 12-month period, rather than being available without a stated annual cap.

New paragraph (a)(2) allows employers to require an employee to use earned, unused vacation or paid time off before the employee can use the unpaid immigration-related leave benefit.

Removed the requirement that reinstated employees displace the least senior employee in that job classification, which had been a significant obligation on employers.

Added tiebreaker rule: if more than one employee is entitled to preference for a position, the employer must offer it to the terminated employee with the greatest length of service based on date of hire.

Changed 'needs additional time' to 'demonstrates a need for additional time' for the extended rehire provision, raising the evidentiary bar slightly.

Added provision that if an employee communicates they are no longer interested in working for that employer, the employer is not obligated to offer any further job positions that become available.

Section 1019.7 now protects employees from discipline, discharge, or discrimination 'solely because' they are subject to immigration proceedings, rather than simply 'because' they are subject to them, narrowing the scope of protection slightly.

Added Section 1019.6(c)(2) stating nothing requires an employer to employ an individual if doing so would violate state or federal law or regulations.

Added Section 1019.7(b) clarifying that the anti-discrimination provision does not require leave in addition to the leave already required under Section 1019.6.

Expanded CBA/MOU protections: now specifically covers agreements containing provisions addressing rehire or reinstatement rights or leave rights regarding employees subject to immigration proceedings, and adds that the chapter shall not supersede seniority provisions in a CBA or MOU.

Definition of 'postintroductory employee' now includes 'if applicable' after 'probation period of employment,' acknowledging that some employers may not have a formal probation period.

Adds a new Chapter 3.3 (Sections 1019.6-1019.8) to Part 3 of Division 2 of the Labor Code, creating an entirely new area of employment law focused on work authorization and immigration-related protections for workers.

Exempts public and private employers with 25 or fewer employees from the new chapter's requirements.

Requires employers to release employees for up to 5 unpaid working days to attend USCIS proceedings and related matters. Employers may request verification of the absence.

If an employee needs more than 12 months to obtain work authorization, the employer must rehire them into the next available opening in their former classification as a new hire without seniority, subject to an introductory period, if authorization is provided within 12 additional months.

If an employer is notified that an employee has been detained or incarcerated due to immigration or deportation proceedings, the employer must place the employee on unpaid leave for 12 months. If released and work authorization is provided within that period, the employee returns without loss of seniority.

Prohibits adverse action against an employee because of changes to their name or social security number, provided the employee provides acceptable proof of correct identity and is authorized to work in the United States.

Requires immediate reinstatement without loss of seniority for postintroductory employees who were terminated for lack of work authorization, if they produce proper authorization within 12 months. If authorization is produced within 90 days, the employee returns to their former shift and station.

Prohibits employers from disciplining, discharging, or discriminating against employees because of national origin, immigration status, or being subject to immigration or deportation proceedings, except as required by law. An employee with pending proceedings who is authorized to work cannot be discharged solely because of those proceedings.

Assigns enforcement authority to the Labor Commissioner.

Preserves collective bargaining agreements or memoranda of understanding that provide additional protections beyond what the new chapter includes.

The entire provision amending Section 14005 of the Unemployment Insurance Code regarding high road training partnerships (expanding the definition to include cross-sector partnerships) was removed from the bill.

A new subsection (d) in Section 1019.6 explicitly states the section applies to private or public employers but exempts those with 25 or fewer employees, making the small-employer exemption clear at the section level rather than only in the general applicability provision.

A new Section 1019.9 is added defining 'postintroductory employee' as an employee who has successfully completed their probation period of employment, and 'public employer' referencing Section 512.1(e)(2).

The bill now explicitly enumerates what qualifies as a covered immigration matter: appointments, interviews, adjudications, legal proceedings, detainment, or any other meeting where the employee's presence is required concerning immigration status, work authorization, visa status, or any other immigration-related matter.

The five unpaid working days for USCIS proceedings are now explicitly stated to be either consecutive or nonconsecutive, giving employees more flexibility in scheduling.

In Section 1019.7(a), the language 'the employee will be returned to work' was changed to 'the employee shall be returned to work,' converting a permissive statement into a mandatory obligation on the employer.

The reinstatement provision now requires that the termination was specifically 'due to an inability to provide documentation of proper work authorization,' narrowing eligibility for immediate reinstatement compared to the prior version which applied to any terminated postintroductory employee not authorized to work.