California’s New “Workplace Know Your Rights” Act: What Employers Need to Know

California’s new “Workplace Know Your Rights” Act (the “Act”) (Labor Code sections 1550 to 1559) is intended to provide workers with a “strong understanding” of their rights as workers, as well as their constitutional rights, in light of the increase in immigration enforcement actions. The Act creates two key obligations for employers: (1) providing employees with a specific written notice regarding their workplace rights and (2) establishing a process for employees to designate an emergency contact in case the employee is arrested or detained.

“Know Your Rights” Notice: The Act requires employers to provide a stand-alone written notice (the “Notice”) to current employees and new hires advising them of their constitutional rights when interacting with law enforcement, including rights regarding due process, unreasonable searches and seizures and self-incrimination. The Act specifies the information that must be provided in the notice, such as protections against unfair immigration-related practices, workers’ compensation benefits, union rights and how to report violations. It also must provide employees with a list of state agencies where they may file claims related to labor, fair employment, data privacy or civil rights.

The initial Notice must be provided to current employees by Feb. 1, 2026, and to new employees at the time of hire, with updated Notices issued annually (including to collective bargaining agreement representatives, if applicable). (A template Notice, linked here, has been issued by the Labor Commissioner; it will be available in various other languages and will be updated annually.) The Notice must be provided in the language the employee normally uses to communicate employment-related information if the Labor Commissioner has a template in that language. The Notice may be delivered by hand, by mail, by text message or by email if the employee can reasonably be expected to receive the Notice within one business day.

Designation of Emergency Contact: The Act also requires that, no later than March 30, 2026, current employees be provided with the opportunity to provide an emergency contact and to indicate whether that contact should be notified if the employee is arrested or detained. If an employee provides such indication, the employer must notify the contact if the employee is arrested or detained on the worksite and must also notify the designated contact if the employer has knowledge of an arrest or detention that occurs during work hours or while the employee is performing job duties off-site. New employees must be provided with the same opportunity upon hire. All employees must be allowed to update emergency contact information as needed.

Recordkeeping: Records of compliance with these requirements must be maintained for three years. Records should include a copy of the Notice, as well as a copy of the communication clearly showing the date the Notice was provided or sent to each employee. In addition, records should document communications used to inform employees of their option to designate an emergency contact.

Employer Action Items:  

• Prepare to distribute the Notice, whether the Labor Commission’s template or the employer’s own form, to current employees by Feb. 1, 2026.
  
  
• Establish a process for collecting and maintaining emergency contacts, which also allows employees to update their designations as needed, by March 30, 2026. (Note: Employers may choose to include the emergency contact process within the same communication explaining the Notice and highlighting the emergency contact designation option and purpose, so long as the combined notice is issued by Feb. 1, 2026.)
  
  
  • Sample Transmittal Email: We are sharing the enclosed Know Your Rights Notice in compliance with a new California law. (If you normally communicate in a language other than English, please reach out to Human Resources regarding the language in which you prefer to receive this Notice, and we will provide it if available.)
    
    As indicated in the Notice, you may provide personal emergency contact information allowing us to notify your designated contact(s) in case of an emergency. You may add or update your emergency contact(s) at any time during your employment. To designate or modify your emergency contact(s), please [include applicable instructions, such as completing and returning a form, or updating the information in the company intranet]. Among other situations, we will notify your emergency contact if we are made aware that you have been arrested or detained on the worksite, or during work hours or during the performance of your job duties (whether on or off the worksite). If you do not want your emergency contact to be notified in that situation and do not authorize us to contact that person, please advise us of that. If you have any questions about the Notice or emergency contact preferences, please reach out to Human Resources.
    
    
• Update onboarding procedures to provide the Notice and emergency contact designation option to all new hires.
  
  
• Calendar the annual distribution of the Notice to all employees (and collective bargaining representatives, if applicable), including a reminder to check the most recent Notice template each year.
  
  
• Retain records of compliance, including the date and method of delivery, for three years.

Penalties and Non-Retaliation: Employers face civil penalties of $500 per employee per violation, except that the penalty for violating the emergency contact requirement is $500 per day, up to a maximum of $10,000 per employee, and employees may bring private civil actions seeking damages (including punitive damages) and attorneys’ fees. The Act also includes anti-retaliation protections.

THIS DOCUMENT IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION ON New laws impacting california employment issues. THE CONTENTS OF THIS DOCUMENT ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS DOCUMENT OR IF YOU NEED LEGAL ADVICE AS TO AN ISSUE, PLEASE CONTACT THE ATTORNEYS LISTED OR YOUR REGULAR BROWNSTEIN HYATT FARBER SCHRECK, LLP ATTORNEY. THIS COMMUNICATION MAY BE CONSIDERED ADVERTISING IN SOME JURISDICTIONS.