Beginning January 1, 2026, California Senate Bill 294 (the “Workplace Know Your Rights Act” or “SB 294”) requires all employers to provide current employees and any new hires with (1) an annual, stand‑alone, written notice of their workplace rights and (2) implement new procedures for contacting designated emergency contacts in the event of an employee’s arrest or detention during workhours.
Providing an Annual “Workplace Know Your Rights” Notice
To comply with the Workplace Know Your Rights Act, California employers must:
- By or before February 1, 2026, employers must provide existing employees, or in the case of union employees, their authorized representative, with a stand-alone, written, “Workplace Know Your Rights” notice that covers seven categories: (1) workers’ compensation benefits, (2) rights relating to I-9 inspections and immigration agency interactions, (3) protections against unfair immigration-related practices, (4) labor organizing rights (rights to organize or engaged in protected concerted activity), (5) constitutional rights when interacting with law enforcement who enter the workplace, (6) description of new laws affecting workplace rights as determined by the Labor Commissioner, and (7) a list of the enforcement agencies that may enforce the underlying rights in the notice (the “Notice”). (Cal. Lab. Code § 1553.)
- The Notice must be in the language the employee understands and delivered in a manner that is normally used to convey business / employment-related communications, for example, in-person, email, or text message. The key is that the employee should be reasonably anticipated to receive the Notice within one business day.
- New hires should receive the Notice upon hire.
- The California Labor Commissioner provides template Notices for employer use, which are currently in English and Spanish with additional languages forthcoming. The Labor Commissioner will update the template annually.
- On or before July 1, 2026, the Labor Commissioner will also develop a video informing employees of their rights, and employers about their rights and responsibilities. Once these videos become available, employers may, in addition to providing the Notice, provide a link to or show the Labor Commissioner video to their employees. (Cal. Lab. Code § 1553(d).)
- Employers should keep records of all Notice acknowledgment and receipts (further discussed below).
Designated Emergency Contact for Arrest or Detention Notification
The Workplace Know Your Rights Act also requires an employer to allow an employee to identify a “designated emergency contact” to be notified in the event that the employee is arrested or detained during workhours. The employer must contact the designated emergency contact if the arrest or detention occurs:
- At the worksite or
- While the employee is working off-site (but only once the employer has actual knowledge of the employee’s arrest or detention).
Before March 30, 2026, employers should inquire if current employees wish to designate an emergency contact in the event the employee is arrested or detained. Employees may update the designated emergency contact throughout their employment. (Cal. Lab. Code § 1555.)
New hires may designate an emergency contact upon hire and throughout the duration of their employment. All designated emergency contact forms and communications with the designated emergency contact(s) should be saved in the employee’s personnel file.
Penalties for Non‑Compliance
SB 294 authorizes monetary penalties for employers that fail to meet these obligations, with potentially steep fines for failing to timely notify the designated emergency contact in the event the employee is arrested or detained. (Cal. Lab. Code § 1558.)
Failing to Provide the “Workplace Know Your Rights” Notice: Employers may be subject to penalties of up to $500 per employee for failing to provide employees with the annual Notice.
Failing to Timely Notify the Designated Emergency Contact in the Event of an Arrest or Detention: Employers may be subject to penalties of up to $500 per day, per employee, with a maximum of penalty of $10,000 per employee.
In addition to these statutory penalties, non‑compliance may increase the risk of administrative complaints, audits, and private litigation related to the underlying workplace rights referenced in the notice.
Record Retention
Employers must retain documents related to the Workplace Know Your Rights Act for three (3) years from the date each Notice was provided or sent to the employee. (Cal. Lab. Code § 1553(b)(2)(e).)
Recommended Compliance Checklist
To comply with SB 294, California employers should:
- Inventory all California employees and confirm how they currently receive required notices (mail, email, HR portals, etc.).
- Send the “Workplace Know Your Rights” notice by February 1, 2026, and calendar a recurring annual deadline.
- Update onboarding materials to ensure new hires receive the Notice and emergency contact form on or before their first day of work.
- Implement an emergency contact process that:
- Records each employee’s designation and preference for arrest‑related notification; and
- Provides a clear protocol when HR or management learns of an arrest or detention.
- Train HR, managers, and supervisors regarding:
- The purpose and content of the new Notice
- Steps to take when they become aware of an employee’s arrest or detention and
- The potential penalties for non‑compliance.
Additional information can be found at the Labor Commissioner’s website, including the current English and Spanish version of the Notice: https://www.dir.ca.gov/dlse/Garment/New-Labor-Laws-in-California.html.
Please contact our team if you have questions about the Workplace Know Your Rights notice or if you are interested in a complimentary model notice acknowledgement and emergency designation form. Our team can be contacted at: Denis Kenny at denis@sfcounsel.com, Ryan Stahl at ryan@sfcounsel.com, John Lough at john@sfcounsel.com, or Jaclyn Tran at Jaclyn@sfcounsel.com.