By Erika A. Silverman and Samantha V. Melendez
By February 1, 2026, employers must give all employees a stand-alone written “Workplace Know Your Rights Act” notice using regular communication methods (such as email, text, or in-person). Employers must also provide the written notice to each new employee upon hire and revise and distribute the notice annually to advise employees of new employment developments. This notice requirement was imposed by Senate Bill 294 on October 12, 2025 and is in addition to other existing Labor Code notice obligations.
Notice Requirements
Pursuant to Senate Bill 294, the notice must clearly explain workers’ rights related to:
- Workers’ compensation benefits;
- Immigration inspection notices and protections against unfair immigration-related practices;
- Union organizing and concerted activity; and
- Constitutional rights during interactions with law enforcement at the workplace.
The notice must also address new legal developments under laws enforced by the Labor and Workforce Development Agency (“LWDA”) that the Labor Commissioner “deems material and necessary” and include a list of enforcement agencies responsible for those rights.
The Labor Commissioner recently developed and posted a template notice, which is attached to this E-Blast, and which we recommend distributing on or before February 1, 2026 to comply with this new law. This template is valid for 2026, and the Labor Commissioner will update it annually going forward.
Employers can alternatively elect to prepare their own notice, provided that it contains all of the required information detailed above. However, since this is a new law, and the law is vague as to what “new legal developments” employers must include in the notice, we recommend using the LWDA’s notice, which complies with the law, and indicates which new legal developments the Labor Commissioner deems “material and necessary.” To the extent you choose to prepare your own notice, we strongly recommend that you consult with your Hill Farrer attorney or any member of our Labor and Employment department to ensure that the notice complies with the new law.
Additional Requirements
In addition to the above-mentioned notice requirements, employers are required to keep records of compliance for three years, documenting when each notice was sent. Employers must also provide the notice in the language typically used for work-related communications, so long as that version is provided on the Labor Commissioner’s website.
By March 30, 2026, employers must allow employees to designate an emergency contact and collect this information from new hires. Employers are then required to notify the designated emergency contact if (1) the employee is arrested or detained on their worksite or (2) if the arrest or detention occurs during the performance of the employee’s job duties, but not on the worksite, and the employer has actual knowledge of the arrest or detention of the employee.
This law also prohibits employers from discriminating or retaliating against an employee for exercising or attempting to exercise their rights under this law.
Contact Hill Farrer for Further Information
Please contact your Hill Farrer attorney or any member of our Labor and Employment department at (213) 620-0460 with any questions about the California Workplace Know Your Rights Act.
