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Under the newly enacted "Workplace Know Your Rights Act," California Senate Bill (SB) 294, employers are required to provide to each California employee a standalone written notice explaining a long list of workers' rights. The notice must be distributed on or before Sunday, February 1, 2026, and annually thereafter, as well as to all new employees at the time of hire. The California Labor Commissioner has now provided a template notice in English and Spanish, with plans to offer translations in other languages soon.
What Does the Notice Say?
Employers can use the template notice provided by the Labor Commissioner or their own notice so long as the notice contains a description of workers' rights in each of the following areas:
- Right to notice of an I-9 inspection by immigration agencies;
- Protection against unfair immigration practices;
- Constitutional rights when interacting with law enforcement in the workplace;
- Union organizing rights; and
- Right to workers' compensation benefits.
The notice must also contain:
- A description of new laws or legal developments affecting workplace rights that the Labor Commissioner determines to be material and necessary; and
- A list of enforcement agencies that may enforce the rights described in the notice.
The Labor Commissioner's template notice satisfies all the statutory requirements and may safely be used by employers that choose not to create their own notice.
When and How Must Employers Provide the Notice?
Employers are required to provide the notice:
- To current employees, on or before February 1, 2026, in the manner they normally communicate with employees, including, but not limited to, personal service, email, or text message, if it can reasonably be anticipated to be received by the employee within one business day of sending;
- To new employees, upon hire; and
- To an employee's exclusive collective bargaining representative, where applicable, annually, by electronic or regular mail.
The notice must be in a language the employee understands if the template notice is available in that language on the Labor Commissioner's website. Otherwise, the notice may be provided in English. In addition to English and Spanish, the Labor Commissioner states that it will soon provide the notice in Chinese, Hindi, Korean, Punjabi, Tagalog, Urdu, and Vietnamese.
Emergency Contact Requirements
By March 30, 2026, SB 294 requires employers to provide current California employees with the opportunity to name or update emergency contacts and indicate whether the emergency contact should be notified if the employee is arrested or detained. After this date, employers must collect this information from new employees at the time of hire and must allow employees to update their emergency contact information throughout their employment.
In addition, the new law requires that if an employee has requested that the emergency contact be notified of an arrest or detention, the employer must notify the emergency contact if the employee is: (i) arrested or detained at the worksite; or (ii) arrested or detained during work hours or performance of their job duties but not on the worksite if the employer has actual knowledge of the arrest or detention.
Penalties for Non-Compliance
Failure to comply with the new law can result in penalties of up to $500 per employee per day in the case of the emergency contact obligation, and $500 per employee per violation otherwise. There may be additional penalties for violation of the various underlying laws covered in the notice.
Next Steps for Employers
- Determine whether to use the Labor Commissioner's template notice or create one of their own that complies with the law.
- Determine the best individualized method for distributing the notice to assure receipt within one day of transmission.
- Provide the notice to all current employees working in California so it is received by February 1.
- Provide the notice to the employees' union representative, if applicable.
- After February 1, include the notice in the onboarding process for new hires.
- By March 30, give existing California employees the opportunity to name or update their emergency contact information to indicate whether the contact should be notified if the employee is arrested or detained.
- After March 30, include the updated emergency contact form in the onboarding process for new hires.
- Train managers and HR staff regarding compliance with the laws addressed in the notice, and how to respond to employees' questions about the laws.
- Monitor the Labor Commissioner's website for additional language versions of the template notice, as applicable, and for videos advising employees and employers of their rights and, in the case of employers, their obligations. (The statute requires that these videos be posted on or before July 1, 2026; their use is optional.)
- Keep records of compliance with the law for three years, including the date each written notice was provided.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
