New "Know Your Rights" Notice Must Be Provided to Employees by February 1, 2026
As of February 1, 2026, California employers must comply with a major new notice requirement under the Workplace Know Your Rights Act (SB 294). This law moves beyond simple wall posters, requiring a proactive, “stand-alone” delivery of information to every employee. To assist employers with meeting this obligation, the Labor Commissioner has drafted a template that complies with the new law. Templates are currently available in English and Spanish, with additional languages expected soon. Click here for the English template and here for the Spanish template.
Below is a breakdown of the information contained in the notice, what you need to do, and what has changed.
1. The “Know Your Rights” Stand-alone Notice
- Not a Posting: Unlike traditional posters that stay on the wall, this notice must be delivered individually to all current employees by February 1, 2026.
- Delivery Method: You must use a method that reasonably ensures the employee receives it within one business day (e.g., in-person, email, or text).
- Frequency: This is an annual requirement. You must also provide it to all new hires at the time of employment. In a unionized setting, written notice must also be annually provided to the employee’s exclusive collective bargaining representative.
2. ** Mandatory Content: The notice (using the Labor Commissioner’s template) covers:**
- Workers’ Compensation: Rights to benefits and medical care, as well as contact information for the Division of Workers' Compensation.
- Immigration Protections: Rights regarding federal inspections and protection against unfair immigration-related practices.
- Union Rights: The right to organize and engage in concerted activity.
- Law Enforcement Interactions: Constitutional rights (4th and 5th Amendments) if law enforcement enters the workplace.
- How to Report Violations to State Agencies: include instructions for reporting violations to state agencies, with their contact details or filing links.
Note: You must provide this notice in the language you normally use to communicate with your employees (English, Spanish, Chinese, etc.), provided the Labor Commissioner has published a template in that language. Only English and Spanish thus far.
3. Emergency Contact for Arrests (March 30, 2026 Deadline)
- A secondary part of SB 294 requires a specific system for emergency contacts.
- Deadline: By March 30, 2026, you must give all employees the opportunity to designate an emergency contact specifically for arrests or detentions.
- Employer Obligation: If an employee is arrested at the worksite (or offsite during work hours if you have “actual knowledge”), you are legally required to notify their designated contact.
4. Penalties for Non-Compliance
- Notice Violations: Up to $500 per employee for failing to distribute the “Know Your Rights” notice.
- Emergency Contact Violations: Up to $500 per day per employee, with a maximum aggregate fine of $10,000 per employee.
5. Record Retention
You are required to keep records of compliance with these requirements for three years, including the date that each written notice is provided or sent.
6. Next Steps
- Distribute the notice immediately: Send the notice via email or hand-delivery to all current staff before the Feb 1st deadline.
- Develop a system to track delivery: Keep records of when the notice was distributed and have employees acknowledge receipt if possible.
- Reach out to all employees to give them an opportunity to designate an emergency contact specifically for arrests or detention before March 30th.
As always, if you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at (818) 508-3700 or visit us online at www.brgslaw.com .
Sincerely,