California Snapshot 

Editor’s Note:  This is the first in a series of five blog posts focusing on new compliance challenges for entities with employees in California.

One of the most significant new employment laws in California is Senate Bill 294, known as “The Workplace Know Your Rights Act,” which will take effect January 1, 2026. The stated purpose of this new statute is “to equip workers with knowledge of their rights that they can . . . use to protect their families, neighbors, and communities at a time of potential disruption, dislocation, and fear for many Californians.”

The law places that burden on California employers by creating new notice and recordkeeping requirements.

What are the required contents of the notice to California employees?

The notice to employees must contain a description of employees’ rights in the following areas:

• The right to workers’ compensation benefits, including disability pay and medical care for work-related injuries or illnesses, as well as the contact information for the Division of Workers’ Compensation.
• The right to notice of any inspection by immigration agencies.
• Protection against 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 Fourth Amendment rights to be free from unreasonable searches and seizures and Fifth Amendment rights to due process and against self-incrimination.

In addition, the notice must also contain the following:

• A description of new developments regarding laws enforced by the Labor and Workforce Development Agency that the Labor Commissioner will include in the template notice.
• A list of the enforcement agencies that may enforce the rights specified in the notice, which the Labor Commission will include in the template notice.

The Labor Commissioner must develop a notice template for employers by January 1, 2026. This template will be posted on the Labor Commissioner’s website and updated on an annual basis.

When and to whom must employers provide the notice?

The first notice to employees must be issued no later than February 1, 2026. The notice must be delivered to new employees hired after that date upon hire, and to current employees annually. The notice must also be provided to employees’ collective bargaining representative(s) if any.

How may the notice be disseminated?

The notice must be a standalone written communication and should be delivered in the manner that the employer typically uses to communicate employment-related information to employees. This may include email, text message, or personal delivery if the employer reasonably anticipates employees will receive the delivery within one day of transmission. 

The notice “shall be provided to an employee in the language the employer normally uses to communicate employment-related information to the employee and which the employee understands if the template notice is available in that language on the Labor Commissioner’s internet website.” Otherwise, the notice may be provided in English.

The statute requires the Labor Commissioner to provide the template in English, Spanish, Chinese, Tagalog, Vietnamese, Korean, Hindi, Urdu, and Punjabi.

In addition to the mandatory written notice, employers may provide a link to a video that will be produced by the Labor Commissioner and posted to the website.

What records must be maintained?

California employers must keep records documenting compliance with the notice requirements for three years, and the records must include the date that each written notice was provided. 

This proof may consist of the following:

• Signed acknowledgement forms.
• Digital read receipts or confirmation emails.
• Human Resources system communication logs.

Are there any other requirements of the Workplace Know Your Rights Act?

Yes. The Workplace Know Your Rights Act also allows employees to designate an emergency contact.

Employers must provide employees the opportunity to designate an emergency contact by March 30, 2026, and at the time of hire for employees hired after March 30, 2026. Employers must allow employees to provide updated emergency contact information throughout their employment.

Employees must be able to indicate whether the employer should notify the emergency contact if they are arrested or detained on the worksite. The same applies to arrests or detentions that occur away from the worksite but during work hours or during the performance of job duties, if the employer has actual knowledge of the arrest or detention of the employee.

Does the law include anti-retaliation protections?

Of course. Employers are prohibited from retaliating against employees for exercising their rights under the Act.

What are the penalties for non-compliance?

The Labor Commissioner can enforce the statute through citations and civil actions, and public prosecutors are also authorized to bring civil actions with remedies including injunctive relief, punitive damages, and attorneys’ fees.

Employers who violate the statute may face civil penalties of up to $500 per employee for most violations, and up to $10,000 per employee for violations related to emergency contacts.

Be prepared!

Now is the time for employers to build an administrative infrastructure for compliance, including establishment of a formal procedure, ideally supported by an electronic platform, to distribute, track, and record employee receipt of the required notice. Electronic tracking provides an efficient means of verifying timely delivery and maintaining defensible proof of compliance.