As we move into 2026, California employers are facing a wave of new compliance requirements. One of the most significant changes comes from Senate Bill 294 (SB 294), the “Workplace Know Your Rights Act.” Signed into law in late 2025, this legislation introduces new notice and communication obligations that every employer in the state regardless of size must follow.
“Workplace Know Your Rights Act” Compliance Requirements
- Starting February 1, 2026, all California employers are required to provide a stand-alone written notice to their employees detailing their workplace and constitutional rights. This isn’t a one-time task; it must be distributed annually thereafter.
- The notice must cover several core areas, including information on workers’ compensation benefits, access to medical care, and disability wage replacement; protections against unfair immigration‑related practices such as retaliation or document abuse; employees’ right to receive advance notice when an immigration agency plans to inspect I‑9 employment eligibility records; constitutional rights during law enforcement interactions in the workplace, including the right to remain silent; labor rights such as the ability to organize a union or engage in protected concerted activity; updates on any new laws the Labor Commissioner considers significant; and contact information for the enforcement agencies responsible for safeguarding these rights.
- By March 30, 2026, employers must offer all employees the opportunity to designate an emergency contact specifically for cases of arrest or detention. You must ask employees if they want a specific person notified if they are arrested or detained at the worksite or during work hours (if the employer has actual knowledge of the event). Existing employees must be given this choice by March 30, 2026. For new hires after this date, the option must be provided during onboarding.
- Employers can deliver the notice via personal delivery, email, or text message, provided the employee is reasonably expected to receive it within one business day. The notice must be provided in the language the employer normally uses for employment-related communications and maintain proof of delivery (digital receipts, logs, or signed acknowledgments) for at least three years. The Labor Commissioner has already published model templates in English and Spanish.
Penalties
Failing to comply can lead to significant financial consequences. Employers may face penalties of up to $500 per employee for each notice‑related violation. Violations involving emergency contact requirements carry even harsher consequences, with fines of up to $500 per employee for every day the violation continues, capped at a maximum of $10,000 per employee.
Action Plan for Employers
- Visit the California Department of Industrial Relations (DIR) website to get the latest template.
- Integrate the annual notice (February 1, 2026, deadline) and the emergency contact designation (March 30, 2026, deadline) form into your new hire packets immediately.
- Ensure you have a system in place to prove that every employee received their notice by the February 1st deadline.
- Ensure HR and supervisors understand the new protocols regarding employee arrests and detention to avoid costly daily penalties.
