The California Labor Commissioner’s Office has released the template for the notice requirement of the state’s new law on I-9 inspections. As many of my readers know, California passed a law in late 2017, Immigrant Worker Protection Act, which requires that employers notify their employee workforce of any government I-9 form inspections within 72 hours or face potential penalties and fines. Prior to the release of this template, California employers who received a Notice of Inspection (NOI) had to create their own notice.

Section 90.2(a)(1) of the California Labor Code requires employers to provide notice to current employees of any inspection of I-9 forms or other employment records conducted by an immigration agency, such as Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI), which is a part of ICE.

The California law mirrors the NOI timing by requiring employers to provide a posted notice to employees within 72 hours of receiving the NOI. However, under federal law, an employer may request an extension of time on producing the I-9 forms and sometimes ICE will provide more than three days without an employer’s request. The California law does not provide any such extension of time. Therefore, California employers are still required to notify employees of the audit within that 72-hour time window.
The posting of the notice should be where other government postings are located. The notice must be written in the language one usually uses to communicate with employees. California provided both English and Spanish versions of their sample template. Below is a copy of the template in English.

For a review of all employment and immigration-related state laws and other issues related to employer immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and is available at

See Notice to Employee - Labor Code section 90.2 here