Section 19718 Of Chapter 9. Violations From California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 9.
19718
. Any employer or agent of an employer who provides a wage
statement or similar document to any undocumented worker or former
undocumented worker at that person's request for the purpose of
documenting that person's eligibility for legalization pursuant to
the federal Immigration Reform and Control Act (Public Law 99-603),
shall not be liable for any penalty or criminal or civil violation
under this part relative to the undocumented worker or former
undocumented worker based on any facts disclosed in the wage
statement or similar document so provided.
Nothing in this section shall be construed to limit the liability
under any provision of law of any person who engages in the
procurement or production of false or fraudulent wage statements or
similar documents to any person for purposes of legalization under
the federal Immigration Reform and Control Act.
This section does not apply to penalties assessed or criminal
actions filed prior to May 1, 1987.
This section does not apply where the Employment Development
Department, through independent means, discovers that an employer has
withheld personal income tax and disability insurance contributions
from workers' paychecks and has not remitted those moneys to the
department.
The immunity from liability pursuant to this section shall apply
only to facts disclosed in the wage statement or similar document
provided on or after the effective date of this section and only
until the date of the termination of the legalization provisions for
agricultural and nonagricultural workers of the federal Immigration
Reform and Control Act. However, the immunity from liability pursuant
to this section shall continue until the cause of action is tolled
by the applicable statute of limitations.