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As of Feb. 1, 2026, all California employers must comply with the state's Workplace Know Your Rights Act (SB 294). It requires employers to provide each employee with a separate, standalone written notice informing them of their rights under state and federal law. The written notice must be provided annually to current employees and to new hires during onboarding.
In addition to this notification, SB 294 imposes additional mandatory requirements on employers, summarized below.
What does the Know Your Rights Act notice require?
The notice must include the following information:
- Employee compensation
- What constitutes unfair immigration practices
- The right to organize a union
- Constitutional rights when interacting with law enforcement
- How to designate an emergency contact if an employee is arrested or detained
The notice also requires a description of new legal developments pertaining to laws enforced by the Labor and Workforce Development Agency that the Labor Commissioner deems material and necessary. The California Labor Commissioner has developed a template notice for California employers, available in nine languages.
Notification must be given in the language that the employer normally uses to communicate employment-related information, and the employee must understand. Qualifying languages are listed on the Labor Commissioner website.
SB 294 Recordkeeping Requirement
SB 294 requires employers to retain records of notice provided to employees for up to three years. The record must include the date each written notice was provided or sent.
Mandatory Duty to Notify Emergency Contact
If an employee has designated an emergency contact and has requested their notification if arrested or detained, the employer must notify that contact if the employee is arrested or detained at work or while performing job duties offsite, if the employer is aware of the arrest or detention.
Employers have until March 30, 2026, to give current employees the opportunity to name an emergency contact. Any employees hired after March 30, 2026, must be allowed such opportunity at the time of hiring.
Consequences for Non-Compliance
Employers who do not comply may face civil penalties of up to $500 per employee for each violation and up to $10,000 per employee for specific violations, such as failure to notify emergency contacts. Employers must also maintain proof of notice delivery for three years.
Given the potential costs of non-compliance, we recommend that all California employers ensure they have provided proper notice by the deadline. If you have questions about the Know Your Rights Act compliance or would like assistance preparing a notice, please reach out to your usual RJO attorney.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
