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Starting 2026 off with a bang, California is requiring employers with California-based employees to promptly distribute two new notices. In addition, as described below, employers hiring California employees should consider reviewing and, if needed, updating their onboarding procedures in accordance with the Workplace Know Your Rights Act going forward.
Healthy Workplaces/Healthy Families Act (HWHFA)
In 2024, the California legislature amended the state's paid sick leave law, expanding the bases for using sick leave. For example, an eligible employee may now use paid sick leave to serve on a jury, to appear in court to comply with a subpoena to appear as a witness, or, if the employee is a victim of a qualifying act of violence, to obtain relief or ensure health or safety of themselves or their child.
This year, California's Department of Labor Standards Enforcement has issued a revised poster reflecting those amendments. Employers of California employees are now required to update their employee postings to include this January 2026 version of the poster.
Workplace Know Your Rights Act
In fall 2025, the California legislature passed the "Workplace Know Your Rights Act," which requires employers to provide notice to employees regarding, among other things, workplace protections related to immigration status, protections against unfair immigration practices, their constitutional rights when interacting with law enforcement in the workplace, engaging in union or other protected activities, and protection from retaliation for exercising such rights. The California Labor Commissioner has now issued a template notice that complies with the law, and requires that California employers distribute a notice (whether the Labor Commissioner's template, which has been issued in English and in Spanish, or a legally compliant one of the employer's own design) to all California employees by February 1, 2026, annually thereafter, and, upon initial employment for employees hired on or after February 1, 2026.
In addition to distributing the Know Your Rights notice, California employers by March 30, 2026 must provide their current California employees with the opportunity to name an emergency contact or update their emergency contact information and also indicate whether the emergency contact should be notified if the employee is arrested or detained. After March 30, 2026, the law requires employers to collect such information for new employees at the time of hire and to provide current employees with an opportunity to update the information throughout employment.
If an employee has indicated that the emergency contact should be notified upon arrest or detainment, and the employer has actual knowledge of an employee's arrest or detention, the law requires the employer to notify the emergency contact if (i) the employee is arrested or detained at the worksite or (ii)arrested or detained during work hours or performance of their duties away from the worksite.
Violations of the emergency contact provisions of the Workplace Know Your Rights Act carry potential penalties of up to $500 per employee per day. Violations of other sections of the law carry potential penalties of up to $500 per employee.
Employers should consider promptly reviewing their employee notices and onboarding procedures and updating them to comply with this new law.
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