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Cal. Labor Code § 1171.5 (2026)

✓ current as of May 2026
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The Legislature finds and declares the following:

(a)All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.

(b)For purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status unless the person seeking to make this inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law.

(c)The provisions of this section are declaratory of existing law.

(d)The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 2004–2025 · leading case: Sullivan v. Oracle Corp., 254 P.3d 237 (Cal. 2011).
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Sullivan v. Oracle Corp., 254 P.3d 237 (Cal. 2011). · cites it 2× “A contrary conclusion would be difficult, if not impossible, to reconcile with the Legislature’s express declaration that “[a]ll protections, rights, and remedies available under state law .”
Salas v. Sierra Chem. Co., 327 P.3d 797 (Cal. 2014). · cites it 2× “(c); Lab. Code, § 1171.5, subd. (c).) Focusing on this just quoted language, the Court of Appeal here relied on two Court of Appeal decisions in existence at the time of the 2002 legislation‟s enactment: the 1995 decision in Camp v.”
Giancarlo Incalza v. Fendi North Am., Inc., 479 F.3d 1005 (9th Cir. 2007). · cites it 2× “Additionally, California law provides that “[f]or purposes of enforcing state labor, employment, civil rights, and employee housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws…”
Gilberto Santillan v. USA Waste of California, 853 F.3d 1035 (9th Cir. 2017). “California provides that “[a]ll protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, 11 are available to all individuals regardless of immigration status who have applied for employment, or who are or who have…”
Bernstein v. Virgin Am., Inc., 227 F. Supp. 3d 1049 (N.D. Cal. 2017). “The preamble to California’s Labor Code provides that its protections “are available to all individuals .”
Rivera v. Nibco, Inc., 364 F.3d 1057 (9th Cir. 2004). “Gov’t Code § 7 285(a); Cal. Lab. Code § 1171.5 (a). Thus, California appears to have provided for a wide range of monetary remedies including some that may not be available to undocumented workers under Title VII; accordingly, Camp and Murillo may no longer be good law.”
Julia Bernstein v. Virgin Am., Inc., 990 F.3d 1157 (9th Cir. 2021). “(quoting Cal. Lab. Code § 1171.5 (a) (alterations omitted)).”
Yoder v. W. Express, Inc., 181 F. Supp. 3d 704 (C.D. Cal. 2015). “For purposes of the Commerce Clause analysis, the Court finds that California has an interest in protecting all employees that work within its borders, regardless of the time spent.”
Manuel v. Super. Ct. (Cal. Ct. App. 2022). · cites it 6× “” Manuel’s objection also cited Government Code section 7285, Labor Code section 1171.5, Code of Civil Procedure section 3339; and Health and Safely Code section 24000.”
Bay Area Roofers Health & Welfare Trust v. Sun Life Assurance Co. of Canada, 73 F. Supp. 3d 1154 (N.D. Cal. 2014). “whether lawfully or unlawfully employed, and includes (1) Aliens”); Cal. Labor Code § 1171.5 (a) (extending all protections under state law to those who have “been employed” in this state, which includes “all individuals regardless of immigration status”); Farmers Bros.”
Melgoza v. Salazar CA2/5 (Cal. Ct. App. 2025). · cites it 2× “are available to all individuals regardless of immigration status who have . . . been employed[] in this state” (id.”
Incalza v. Fendi North Am. (9th Cir. 2007). · cites it 2× “FENDI NORTH AMERICA § 3339(a); CAL. LAB. CODE § 1171.5(a); CAL. GOV’T CODE § 7285(a).”
Show all 14 citing cases →
— Cal. Labor Code § 1171.5(a) — 2 cases
Giancarlo Incalza v. Fendi North Am., Inc., 479 F.3d 1005 (9th Cir. 2007). “Additionally, California law provides that “[f]or purposes of enforcing state labor, employment, civil rights, and employee housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws…”
Incalza v. Fendi North Am. (9th Cir. 2007). “FENDI NORTH AMERICA § 3339(a); CAL. LAB. CODE § 1171.5(a); CAL. GOV’T CODE § 7285(a).”
— Cal. Labor Code § 1171.5(b) — 2 cases
Giancarlo Incalza v. Fendi North Am., Inc., 479 F.3d 1005 (9th Cir. 2007). “Additionally, California law provides that “[f]or purposes of enforcing state labor, employment, civil rights, and employee housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws…”
Incalza v. Fendi North Am. (9th Cir. 2007). “FENDI NORTH AMERICA § 3339(a); CAL. LAB. CODE § 1171.5(a); CAL. GOV’T CODE § 7285(a).”
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