Oregon Requires Employers to Provide Notice to Employees Prior to I-9 Inspections

A new Oregon law will require employers to notify their employees when they (the employers) are contacted by a federal agency that intends to audit, among other things, employer records and employment eligibility documentation. Senate Bill (SB) 370 was enacted on June 6, 2019, but does not become operative until January 1, 2020.

What does SB 370 require?

It requires that, upon receipt of a notice of inspection by a federal agency, employers notify their employees that an inspection will take place.

When is SB 370 triggered?

SB 370 is triggered when an employer receives notice from a federal agency requiring the employer to provide access to records of forms and any other documentation (such as Form I-9) used by the employer to verify the identity and employment eligibility of its employees.

When must an employer provide notice?

An employer must notify employees within three days of receiving the notice of inspection by a federal agency.

What steps must an employer take to provide notice?

An employer must:

1. post a notice in a conspicuous and accessible location, in English and in the language the employer typically uses to communicate with the employees; and
2. make reasonable attempts to individually distribute notifications to employees in the employee’s preferred language.

What information must the notice include?

The notice must include the following:

1. A copy of the federal agency’s notice of inspection received by the employer
2. The date of the inspection
3. The scope of the federal agency’s inspection (to the extent of the employer’s knowledge)
4. What information has been requested pursuant to the federal agency’s notice of inspection
5. A telephone number for a hotline operated by an organization that provides information and advocacy related to immigrant and refugee worker’s rights

Are there templates available that employers can use to provide notice?

Oregon’s Bureau of Labor and Industries, more commonly referred to as “BOLI,” will provide templates that employers can use to comply with the terms of SB 370. Once finalized, the templates will be posted on BOLI’s website and will be available in English as well as the five most common non-English languages in Oregon. Oregon’s labor commissioner will update the available languages, as necessary, every five years.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to SB 370 and will post updates on the Immigration blog as additional information becomes available.