Article provided by our partners at WFJ Law Firm and The Compliance Center
California’s new Workplace Know Your Rights Act (the “Act”) requires employers to provide their employees with a new written notice by February 1, 2026, and annually thereafter. Employers must also provide the notice to new employees at the time of hiring. Employers must distribute the notice to current and new employees as a stand-alone document by using the employer’s usual method of communicating employment-related information such as personal service, email, or text message. For any unionized employees, employers must send the notice annually to the employee’s exclusive collective bargaining authorized representative by electronic or regular mail.
The California Labor Commissioner has provided a “Know Your Rights Act” notice template that is available in both English and Spanish. Employers must provide the notice to employees in the language the employer typically uses to communicate employment-related information to the employee that the employee understands (only if the Labor Commissioner’s template is available in that language). It is expected that the Labor Commissioner will update the notice template annually, so employers should ensure they are issuing updated notices in the future.
The notice must inform employees about several key rights and protections, such as:
- the right to workers’ compensation benefits;
- the right to receive notice of an I-9 inspection by immigration agencies;
- protections against unfair immigration-related practices;
- the right to organize a union or engage in concerted activity in the workplace; and
- constitutional rights when interacting with law enforcement at work.
The Act also requires employers to notify an employee’s designated emergency contact if the employee is arrested or detained at the worksite if the employee previously notified the employer that the employee wanted the employer to contact the employee’s designated emergency contact in such a scenario. If the arrest or detention does not occur at the worksite but occurs during work hours or during the employee’s job duties, then the employer must notify the employee’s designated emergency contact if the employer has actual knowledge of the arrest or detention. Employers must give current employees the opportunity to designate an emergency contact by March 30, 2026, and at the time of hiring for new hires.
Employers cannot retaliate against employees who exercise, or attempt to exercise, their rights under the Act. Employers are required to keep records related to compliance with this Act for three years, including the date the employer provided an employee with each written notice. Employers who violate the Act may receive civil penalties of up to $500 – $10,000 per employee. Please contact the Compliance Center if you have any questions about the new Act.