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By February 1, 2026, employers must give California employees a notice explaining their constitutional rights when interacting with law enforcement at the workplace, their immigration rights and protections, their rights to workers’ compensation benefits, their rights to organize or engaged in concerted activity, and other “new legal developments.” And by March 30, 2026, employers must allow their California employees to name an emergency contact who the employer will notify if the employer learns that the employee is arrested or detained at work.

The new requirements are specified in the California Workplace Know Your Rights Act and template notices published by the California Department of Industrial Relations (DIR). Here’s what California employers need to know.

Annual Notice Requirement Begins February 1, 2026

Employers are required to send the mandated notice-a stand‑alone written document outlining several categories of worker rights-by February 1, 2026 (and annually thereafter) to current employees, and to each new employee upon hire.

The notice must contain a description of workers’ rights to:

  • Workers’ compensation benefits
  • 72-hour advance notice when federal immigration authorities plan to inspect an employee’s I‑9 forms or other employment records
  • Protection against unfair immigration-related practices against a person exercising protected rights
  • Organize a union or engage in concerted activity in the workplace
  • Constitutional protections when interacting with law enforcement at the workplace

The notice must also include any new legal developments the Labor Commissioner considers “material and necessary,” along with a list of the agencies responsible for enforcing the rights outlined in the notice—both of which appear in the DIR template notices.

Practical tip: For new hires, the notice should be included in new hire paperwork, along with the emergency contact form discussed below. 

Delivering the Notice in a Compliant Way

The notice must be sent by the employer’s regular communication method with employees, which may be (but is not limited to) personal service, email, or text message-as long as the notice can reasonably be anticipated to be received by the employee within one business day of sending.

Practical tip:

If employees do not have work email accounts (e.g., part-time or seasonal employees), consider including the notice to paychecks and posting the notice in the workplace, or scheduling a work meeting or training to hand out the notice in person. 

Providing the Notice in the Appropriate Language

The notice should be in the language normally used by the employer to communicate with employees. The Labor Commissioner is required to provide template notices in different languages, including English and Spanish (currently available), as well as Chinese, Tagalog, Vietnamese, Korean, Hindi, Urdu, and Punjabi (templates in other languages coming soon, according to the DIR website). If the template notice is not available in the language normally used by the employer to communicate with employees, the notice may be provided in English.

Special Considerations for Unionized Workplaces

The above rules can be waived by a collective bargaining agreement, but if not, the employer must send the required notice to the collective bargaining representative for the employees annually by either electronic or regular mail. 

Using the DIR Templates or Creating Your Own Notice

Employers may use notices developed by the DIR (which will be updated annually according to the DIR’s website) or create their own as long as it covers the topics required by the new law.

Practical tip:

Employers considering using the DIR notices should closely review them as the DIR versions go beyond the notice required by the Act. If employers wish to create their own notices, consult with counsel to ensure the notices are legally compliant.

Three Year Recordkeeping Requirement

Employers must keep records showing compliance for three years, including the date that each written notice is provided or sent to employees.

New Emergency Contact Requirements for Arrest or Detention Situations

By March 30, 2026, employers must allow current employees to name an emergency contact and indicate whether that emergency contact should be notified if (i) the employee is arrested or detained on the worksite or (ii) the employee is arrested or detained off-site, but during work hours (if the employer knows about the arrest or detention). Employers must also allow new hires after March 30, 2026 the same opportunity to identify an emergency contact and determine whether the contact should be notified if the employee is arrested or detained.

Practical tip:

Employers should start this process well in advance of March 30, 2026 to allow employees time to name an emergency contact and indicate whether the emergency contact should be notified. Employers can update existing emergency contact forms to include a check box authorizing the company to contact the emergency contact if the employee is arrested or detained and send the emergency contact form with the required February 1 notice, asking employees to complete the new emergency contact form by March 30, 2026. Managers and supervisors should also be notified of the new requirements.

Risks of Noncompliance

The Act authorizes the Labor Commissioner to impose steep penalties (between $500-$10,000 per employee) for noncompliance. The Act also prohibits retaliation against employees who seek enforcement of the employer’s obligations under the Act.

With February 1 right around the corner, proactive planning is needed now to ease the burden on employers in complying with the Act and keeping their workforces properly informed.