Refresher: The Use of an AB 60 License for I-9 Verification

By: Jizell Lopez

The Saqui Law Group

 

  1. Q. What is an AB 60 License?
    A.
    An AB 60 License is issued when an individual does not have “satisfactory proof of legal presence in the U.S.” Many people who have an AB 60 License are legally in the U.S. and are work-authorized. In certain cases, an individual who has an AB 60 License can provide proof of legal status, but their documents are not considered compliant with state regulations and the REAL ID Act and therefore cannot be accepted by the DMV.
  2. Q. Is an AB 60 License an acceptable identification document for I-9 purposes?
    A.
    Yes. The AB 60 License is an approved document a potential employee may wish to provide as a List B Identity Document. As long as the AB 60 License meets the requirements as stated on Form I-9, it is an acceptable List B Identity Document. The employee must accompany the AB 60 License with a List C document to prove work authorization in order for the company to be in compliance with I-9.
  3. Q. What if I refuse to accept an AB 60 License?
    A. The refusal to accept a valid I-9 document from an individual may be considered a discriminatory act, especially if it leads to an individual’s inability to work. A company cannot discriminate against individuals based on the use of an AB 60 License. In addition, the company may not assume the individual is undocumented because they have presented an AB 60 License.
    If the document is valid on its face and meets the I-9 requirements, then it should be accepted. If an individual presents a valid AB 60 License as a List B Identity Document, it is best to not inquire further as to why it may be a restricted License.
  1. Q. When does the revised Form I-9 go into effect?
    A.
    On September 18, 2017, employers should have stated using the revised I-9 form. The new version can be found here. In addition, the USCIS also updated its handbook (here) which provides guidance on how to complete the form.

COUNSEL TO MANAGEMENT:

If your company is given an AB 60 License as a List B Identification document, you must accept the license as long as it contains a photograph of the potential employee and other identifying information such as a name, date of birth, sex, height, etc. Your company must also collect a List C Authorization document along with the AB 60 License.

Do not assume a potential employee’s legal status if they present an AB 60 License. Keep in mind, the purpose of I-9 Forms is work authorization or eligibility to work in the U.S. and not an individual’s immigration status.

Lastly, the revised I-9 form does not change the use of the AB 60 License as a List B Identity document. If you have any questions regarding the use of an AB 60 License or the revised I-9 form, please contact the experts at The Saqui Law Group.

Welcome to WAPA

Governor Signs Ag Overtime Bill

Ignoring the pleas of real farmworkers and the agricultural industry, Governor Edmund G. Brown Jr. today signed AB 1066, the ag overtime legislation. This means that California will have the most stringent trigger of any state in the country for overtime for farmworkers, with 45 states having no overtime protection at all. The Governor signed this bill, supposedly to bring “equality to all workers”, yet taxi cab drivers, commercial fishermen, car salesmen, student nurses, computer programmers, and carnival workers all work without any overtime provisions whatsoever. The Governor signed this ag overtime bill in the same year that minimum wage legislation was also passed that will take California to the highest minimum wage as well as legislation forcing California to adopt additional greenhouse gas regulations for businesses in California. California is the only state in the country subject to such regulations. Today’s signing occurred despite numerous requests by the agricultural industry to meet with the Governor to discuss our concerns. The message is clear. California simply doesn’t care. These provisions will be phased in over the next few years ending with the overtime provisions to be triggered at 8 hours per day and 40 hours per week.

In the Beginning As folks transitioned out of cotton and into tree nuts, the industry recognized the need to have active and effective representation at the local, state and national levels. Having enjoyed such effective representation over the years from the California Cotton Ginners and Growers Associations, these folks yearned for the same representation in the tree nut processing industry. Issues such as air quality, food safety, labor, taxes, employee safety, and environmental concerns are at the forefront, and there is a significant need for an aggressive and dynamic Association to lead the industry into the next decade and beyond. In recognition of this, the Western Agricultural Processors Association was created in 2009. The Western Agricultural Processors Association (WAPA) shares staff and office space with the California Cotton Ginners and Growers Associations taking advantage of a unique and opportunistic situation. WAPA is a voluntary dues organization with four shared staff and one dedicated staff person. Regulatory, legislative and legal issues fall under the purview of this new organization for the tree nut processing industry, which includes almonds, pecans, pistachios and walnuts. From air quality permits to conditional use permits, from regulatory hearings on greenhouse gases to federal legislation on food safety, and from OSHA violations to assisting members on hazardous materials business plans, no issue is too small or too large for WAPA. WAPA has assembled one of the best and most capable staffs in the industry, and the results are already starting to show Membership The Western Agricultural Processors Association represents facilities involved in the processing of almonds, pecans, pistachios and walnuts.Membership in the Association is classified as Regular memberships are limited to almond hullers or processors, pecan and pistachio processors, and walnut dehydrators and processors. Associate memberships are limited to any individual or business entity which is not engaged in agricultural processing, but which provides products or services directly related to the agricultural processing industry. WAPA Associate members include, but are not limited to, commodity brokers, accounting firms, and insurance brokers. Organization The Western Agricultural Processors Association is governed by a Board of Directors, elected by its membership.The Board consists of up to 15 members from throughout the state, and throughout the industry.The Board meets on a quarterly basis and conducts an Annual Meeting in the spring of each year.WAPA, in conjunction with the California Cotton Ginners and Growers Associations, conducts a special training school for its members focused on safety.In combination with the school, the Association holds a Labor Management Seminar for all of the managers. Consulting Services In researching and considering the concept of forming a new organization, the Boards of Directors for the California Cotton Ginners and Growers Associations instructed staff to perform some of the work on a consulting basis first. The point was to determine the workload from consulting and to determine if there was sufficient interest. In November of 2007, the Association began conducting services under consulting contracts for such services as air quality permits and safety plans.The effort has been so successful that demand has progressed outside the tree nut industry into other agricultural processing facilities, including vegetable dehydration facilities, tomato processing facilities, and wheat mills, as well as cotton gins in Arizona.It was determined by the new Board of Directors of WAPA, that WAPA would maintain the consulting services to provide offsetting income to help with the expenses of getting the new organization up and running.Today, WAPA provides for a long list of satisfied clients in the agricultural processing industry, by providing critical services such as air quality, safety, food safety, and environmental issues (Hazardous Materials Business Plan, Spill Prevention Control and Countermeasure Plans, etc.).