In this guide6 sections
Governor Newsom signed AB 2495 on September 29, 2026, and starting January 1, 2027, California law will prohibit employers from using immigration-related threats or similar conduct to discourage workers from exercising their workplace rights, with a civil penalty of up to $10,000 per worker for each violation. The law expands Labor Code section 1019, which already barred certain immigration-related retaliation.
The change affects every California worker, regardless of immigration status. Threats like “if you file a wage claim, I’ll call immigration” have long been used to keep workers quiet about unpaid wages, unsafe conditions and injuries. AB 2495 reaches more of that conduct, covers rights under federal and local law as well as state law, and puts a penalty directly in the worker’s pocket.
This post explains what AB 2495 changes, how it fits with existing California protections, and what to do if your employer uses immigration status to pressure you.
- AB 2495 was signed September 29, 2026 and takes effect January 1, 2027.
- It bars conduct related to a worker’s perceived immigration status that would reasonably tend to discourage them from exercising workplace rights.
- Protected rights now include those under any local, state or federal employment law, not just the Labor Code.
- Violators face a civil penalty of up to $10,000 per employee per violation, paid to the worker, plus attorney’s fees.
- Your actual immigration status is irrelevant to liability, and applicants and former employees are covered.
What happened
AB 2495, authored by Assemblymember Ash Kalra, was approved by the Governor on September 29, 2026 and chaptered as Chapter 748, Statutes of 2026. It amends Labor Code section 1019. The bill does not contain an urgency clause, so the changes take effect on January 1, 2027. Legal Aid at Work lists itself, the California Employment Lawyers Association, Equal Rights Advocates, the Coalition for Humane Immigrant Rights and AAPIs for Civic Empowerment among the organizations sponsoring the bill.
In the bill’s findings, the Legislature stated that workers must be able to report violations and assert their rights without threats, and that conduct designed to stop workers from speaking up in the first place undermines enforcement of labor standards. The key changes in the chaptered text are summarized below.
| Issue | Labor Code 1019 before | After AB 2495 (Jan. 1, 2027) |
|---|---|---|
| Rights protected | Rights under the Labor Code or a local ordinance | Rights under any local, state or federal statute or regulation that applies to employees, including attempts to exercise them |
| Conduct covered | Four listed practices (extra document demands, improper E-Verify use, false reports, contacting or threatening to contact immigration authorities) done to retaliate | Those practices, plus any other conduct related to perceived immigration status that would reasonably tend to dissuade a person from exercising a right |
| Penalty | Equitable relief, damages or penalties; possible business license suspension | All of that, plus a civil penalty of up to $10,000 per employee per violation, paid to the worker |
| Who is protected | Any person subjected to the practice | Expressly includes applicants, employees and former employees |
| Immigration status | Not addressed in this section | Actual status is irrelevant to liability |
What this means for California workers
Under the old version of section 1019, a worker generally had to show one of four specific practices, done to retaliate for using a right under the Labor Code or a local ordinance. AB 2495 adds a broader rule: an employer or any other person may not engage in conduct related to a person’s perceived immigration status that would reasonably tend to dissuade that person from doing something they have a legal right to do, or push them into giving up a right.
In practice, that can include a supervisor hinting that workers who complain about overtime will have their “papers checked,” telling an injured worker that filing a claim could bring immigration problems, or warning a group of employees that talking to a state investigator could get them reported. The focus is on whether the conduct would reasonably discourage someone, not only on what happened after.
The law also protects people based on perceived status. A U.S. citizen or lawful resident who is targeted because a manager assumes they are undocumented is covered, and a worker’s actual status does not matter for liability. The law does not change federal work authorization rules. Employers still complete required employment verification, and conduct done at the express and specific direction of the federal government is not an unfair immigration-related practice under section 1019.
The existing presumption remains: if an employer engages in a violation within 90 days after a worker exercises a protected right, the law presumes it was retaliation, and the employer must rebut that presumption.
How California law protects you from immigration-related retaliation
AB 2495 adds to a set of protections that already apply today. Labor Code section 244 says that reporting or threatening to report a worker’s or family member’s suspected immigration status, because the worker exercised a legal right, can itself be an adverse action. Labor Code section 1171.5 makes immigration status irrelevant to liability under state labor and employment laws and keeps their protections available to all workers. And every employer must give workers an annual written notice of their rights, including protection against unfair immigration-related practices, under the Workplace Know Your Rights Act; our guide to workplace immigration rights in California explains that notice and your rights during an inspection.
You are entitled to minimum wage, overtime, safe working conditions and workers’ compensation no matter your status. Our guide on workers’ comp for undocumented workers covers benefits after an injury. Treating workers worse because of where they or their families come from can also be national origin discrimination under the Fair Employment and Housing Act.
When AB 2495 takes effect, a worker (or a representative) who is subjected to prohibited conduct can sue for equitable relief, damages and the new civil penalty of up to $10,000 per employee for each violation. A worker who wins recovers reasonable attorney’s fees and costs, including expert witness costs. Courts can also order a violating business’s licenses suspended for up to 14, 30 or 90 days depending on the number of violations. AB 2495 is one of several worker protections in our overview of new California employment laws for 2027.
Threats tied to immigration status can be illegal no matter your status. Talk to us in a free, confidential consultation.
What to do now
- Write down exactly what was said. Record the words used, the date and time, who said it and who else was there. Do it the same day if you can.
- Save messages. Keep texts, voicemails, emails and chat messages. Take screenshots and store copies somewhere your employer cannot access.
- Keep using your rights. A threat does not cancel your right to be paid correctly, to take breaks, to report an injury or to file a complaint.
- Do not sign anything you do not understand. If you are asked to sign a statement about your status or a waiver after raising a complaint, ask for time to get advice.
- Know the deadlines. Some retaliation complaints to the Labor Commissioner must be filed within one year, so do not wait.
- Talk to an employment lawyer. A lawyer can review your situation confidentially, including whether the conduct happened before or after January 1, 2027, and which laws apply.
Frequently asked questions
Does AB 2495 protect me if I am undocumented?
Yes. The law states that actual immigration status is irrelevant to whether an employer is liable, and it protects people based on perceived status.
Is AB 2495 in effect now?
It takes effect January 1, 2027. Until then, the existing version of Labor Code 1019, Labor Code 244 and other retaliation laws still protect you against immigration-related threats used to punish you for asserting your rights.
Can my employer still verify my work authorization?
Yes, as federal law requires. What California law prohibits is using extra document demands, improper E-Verify checks, threats or other status-related conduct to retaliate against you or discourage you from exercising your rights.
Can I get help in Spanish?
Yes. Our Spanish-language team at Empleados Primero works with California workers in Spanish from the first call.
Sources
- California Legislative Information: AB 2495 (Chapter 748, Statutes of 2026), chaptered bill text
- Legal Aid at Work: Assemblymember Kalra’s AB 2495 to address immigration-related threats in the workplace becomes law
- California Workplace Law Blog: California expands protections against immigration-related workplace retaliation
Workers only. Never employers.
At Employees First Labor Law, we represent California workers only, never employers. Our team has recovered more than $200 million for workers, and we prepare every case as if it is going to trial. We have offices in Pasadena, Irvine, Long Beach, Pomona, Riverside, Bakersfield and Fresno, and we serve workers throughout California. Meet our team.
If a supervisor threatened to report you, demanded new papers after you complained, or used immigration status to keep you quiet, we can help. We represent California workers in retaliation, wage and discrimination claims, regardless of immigration status.
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This article provides general information about California law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
