Now that they holiday season has drawn to a close and we have began 2026, California employers should start preparing—and quickly—to comply with newly enacted workplace requirements. The first mandatory notice under this new law must be distributed to employees by February 1, 2026.
In October, Governor Gavin Newsom signed Senate Bill 294, the “Workplace Know Your Rights Act,” which is intended to ensure that California workers are aware of key rights related to workers’ compensation, organizing, immigration, and their constitutional rights during interactions with law enforcement. The Act also creates new rights for employees and establishes additional notice and recordkeeping obligations for employers. It is one of several new California laws set to go into effect on January 1.
With the February 1 deadline approaching, here are the key takeaways from the Workplace Know Your Rights Act that employers should keep in mind.
New Annual Written Notice Requirements and Recordkeeping
By February 1, 2026, employers must provide a stand-alone written notice to employees advising them of the following rights:
- The right to workers’ compensation benefits, including disability pay and medical care for work-related injuries
- The right to receive notice under Labor Code Section 90.2, which requires employers to notify employees when immigration agencies inspect certain employment records
- Protections against unfair immigration-related practices
- The right to unionize or engage in concerted activity
- Their constitutional rights when interacting with law enforcement in the workplace, including Fourth Amendment protection from unreasonable searches and seizures and Fifth Amendment rights to due process and against self-incrimination
The DLSE will post an official template (available in multiple languages) to its website by January 1, 2026.
Employers may distribute the notice through their standard communication channels, including email, text message, or in-person distribution. The notice must be provided to each employee in the language the employer normally uses to communicate employment-related information to them, provided there is a template available in that language on the DLSE website. If not, the employer may use the English version.
After the initial February 1 deadline, employers must provide the notice to all employees on an annual basis and to all new hires upon hire.
Employers must also maintain records of their compliance with the notice requirement for three years, including the date each written notice was provided.
Designated Emergency Contacts and Required Notifications
The Act also requires employers, if authorized by the employee, to notify an employee’s designated contact if they are arrested or detained at work.
By March 30, 2026, California employers mustprovide every existing employee with the opportunity to designate an emergency contact to be notified in the event the employee is arrested or detained at the worksite, during work hours, or while performing job duties away from the worksite. Employees must be asked whether they authorize such notification.
Employees must be permitted to update their emergency contact information throughout their employment, and this information should also be collected from new hires during the onboarding process.
Enforcement, Penalties, and Protections Against Retaliation
Both the Labor Commissioner and public prosecutors are authorized the enforce the Act, and may bring civil actions seeking injunctive relief, punitive damages, attorneys’ fees, and costs. Civil penalties may also apply, including up to $500 per employee for each violation of the notice requirements, and $500 per employee per day for each violation of the emergency contact provision (up to $10,000 maximum per employee).
In addition, the Act prohibits employers from retaliating against any employee for exercising their rights under the law or filing a complaint with the DLSE alleging a violation.
Final Takeaways: Preparing for Compliance
As the Act goes into effect and the new deadlines approach, employers should begin preparing for compliance with its various new requirements now.
Make plans to distribute the DLSE template notice prior to the February 1 deadline, keeping in mind whether additional languages are needed, and plan for distribution on an annual basis going forward. Consider requiring employees to acknowledge receipt of the notice or another method to document when it was delivered. Update onboarding materials to ensure the notice is provided to new hires.
Additionally, plan to collect emergency contact information from all employees by March 30, including whether they authorize notification if they are detained or arrested. Be sure to obtain this information from new hires during onboarding. Employers should also establish a protocol for notifying designated emergency contacts in the event an employee is arrested or detained.
If you have any questions related to any new laws or need assistance preparing for compliance, please reach out to the NFC Attorney with whom you typically work or call us at 619.292.0515.