With the passing of California SB 294, by February 1, 2026, and annually thereafter, employers are required to provide a stand-alone written notice to current employees and new employees upon hire, with information related to employee rights, including:
- Workers’ compensation benefits (including disability pay and medical care for work-related injuries or illness, and the contact information for the Division of Workers’ Compensation)
- Notice of 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 a concerted activity in the workplace, and Constitutional protections when interacting with law enforcement at the workplace (i.e., fourth amendment protection against unreasonable searches and seizure, and fifth amendment protection against self-incrimination and right to due process)
The required notice must also contain a description of the new legal developments pertaining to laws enforced by the LWDA and a list, developed by the Labor Commissioner, of the enforcement agencies that may enforce the underlying rights in the notice. In addition, employers must comply with the opt-in emergency contact provision requiring employers, on or before March 30, 2026, to provide employees the opportunity to designate an emergency contact if the employee is detained or arrested at work
Employers who fail to comply may face civil penalties of up to $500 per employee for each violation, and up to $10,000 for certain violations, such as failure to notify emergency contacts when employer has actual knowledge that the employee was arrested or detained at work or during work hours.
Labor Commissioner’s template notice: SB294 Know Your Right Notice
Recommendations for employers
Employers should determine the most effective distribution method of required notice, ensuring systems can deliver notice in the required languages, and set up record keeping to capture dates of transmission and receipt for three years. Additionally, employers should develop implementation plans for the opt-in emergency contact provision, including updating onboarding processes to allow employees to designate emergency contacts and opt into notifications in event of arrest or detention. These plans should also incorporate:
- Training HR, security, supervisory personnel on notification steps, confidentiality, and anti-retaliation obligations; and
- Incorporating labor commissioner’s educational videos into compliance training, updating internal policies regarding law enforcement interactions at workplace, and ensuring managers understand constitutional rights highlighted by this bill.
