As we wrote in our previous client alert on new California employment laws, California’s newly enacted Workplace Know Your Rights Act (Senate Bill 294) (the “Act”) imposes new notice and recordkeeping obligations on California employers with approaching deadlines.
Employers are required to provide a standalone written notice describing several workers’ rights to current California employees by this Sunday, February 1, 2026 and annually thereafter. Employers must also give this notice to new California employees upon hire and, if applicable, to exclusive collective bargaining representatives.
Employers must also allow current California employees to designate or update their emergency contact by Monday, March 30, 2026, pursuant to Labor Code section 1555.
What Does the Notice Need to Include?
The Act requires the notice to contain descriptions of the following topics, as set forth in Labor Code section 1553:
- The right to workers’ compensation benefits;
- The right to be provided notice of immigration inspections;
- Protections from unfair immigration-related practices against a person exercising protected rights;
- The right to organize a union or engage in concerted activity in the workplace;
- Constitutional rights when interacting with law enforcement at the workplace, including the right of due process and to be free from unreasonable searches;
- Workplace-related laws deemed material by the California Labor Commissioner; and
- A list of enforcement agencies as identified by the California Labor Commissioner.
The California Labor Commissioner has posted a compliant template notice in English and Spanish. The California Labor Commissioner plans to update this template notice annually and to post additional translations.
When and How Should Employers Send the Notice?
- To current California employees: by this Sunday, February 1, 2026 and annually thereafter
- To new California employees: upon hire
- To a California employee’s exclusive collective bargaining representative: annually, if applicable
Employers must send the notice in the manner they normally use to communicate employment-related information if it can be reasonably anticipated to be received by employees within one business day (e.g., email, personal service, text message, etc.).
The notice must be written in a language the employer normally uses to communicate employment-related information and the employee understands. If an employee does not understand English or Spanish, then employers may provide the notice to that employee in English until the California Labor Commissioner posts a template notice in a language the employee understands.
What Are Employers’ Emergency Contact Obligations?
- By March 30, 2026, employers must provide current California employees with the opportunity to name or update their emergency contact and whether they would like that emergency contact to be notified if the employee is arrested or detained (i) on the worksite; or (ii) during work hours or while performing job duties while not on the worksite.
- Employers must provide new California employees hired after March 30, 2026 the opportunity to designate an emergency contact upon hire.
- Employers must allow California employees to submit or update their emergency contact information throughout employment.
- If a California employee is arrested or detained at the employer’s worksite and confirmed that they would like their emergency contact to be notified under these circumstances, employers are required to notify that employee’s emergency contact.
- If a California employee is arrested or detained during work hours or while performing job duties outside of the employer’s worksite and confirmed that they want their emergency contact to be notified under these circumstances, employers are required to notify their emergency contact only if the employer has actual knowledge of such arrest or detention.
What Are Employers’ Recordkeeping Obligations?
Employers must maintain records of compliance with the notice requirement, including the date that each written notice was provided or sent, for three years.
What Penalties Can Be Imposed on Employers If They Do Not Comply with the Act?
Employers can be subject to penalties of up to $500 per California employee for each failure to provide the required written notice and up to $500 per California employee per day (up to a maximum of $10,000 per employee) for each emergency-contact violation.
Steps Employers Should Take Now
- Download the California Labor Commissioner’s template notice in English and Spanish.
- Send out the written notice to all California employees by this Sunday, February 1.
- Record the method you use to send out the written notice, the names of the employees you sent it to, and the date you sent it. Develop a mechanism to record future notification information and retain such records for three years from the notification date.
- Create or update your emergency-contact form to include a choice option for whether the employee wants you to notify their emergency contact if the employee is detained (i) on the worksite; or (ii) during work hours or while performing job duties while not on the worksite and allow employee submissions throughout the year.
- Develop a timeline and plan to send out the new emergency-contact form to all California employees prior to March 30th and announce the mechanism by which employees can submit or update the form as needed throughout their employment.
- Train HR personnel and managers on how and when to notify emergency contacts.
- Update new-hire packets to include the written notice and emergency-contact form.
This informational piece, which may be considered advertising under the ethical rules of certain jurisdictions, is provided on the understanding that it does not constitute the rendering of legal advice or other professional advice by Goodwin or its lawyers. Prior results do not guarantee similar outcomes.
Contacts
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Philip B. Baldwin
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Koray J. Bulut
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Jennifer Wilson
Associate