California Compliance Deadline Approaching for the Workplace Know Your Rights Act

Know Your Rights Notice – February 1, 2026

Employers are required to provide each current employee a written notice of workers’ rights on or before February 1, 2026, and annually thereafter. For new employees, the notice must be provided upon hire.

The notice must contain a description of workers’ rights in the following areas:

1. The right to workers’ compensation benefits
2. The right to notice of inspection by immigration agencies
3. Protection against unfair immigration-related practices against a person exercising protected rights
4. The right to organize a union or engage in concerted activity in the workplace
5. Constitutional rights when interacting with law enforcement at the workplace

The notice must also contain both of the following:

1. A description of new legal developments of laws enforced by the Labor and Workforce Development Agency that the Labor Commissioner deems material and necessary.
2. A list, developed by the Labor Commissioner, of the enforcement agencies that may enforce the underlying rights in the notice.

The notice must be in the language the employer normally uses to communicate employment-related information and which the employee understands, if the template notice is available in that language on the Labor Commissioner’s website. If the template notice is not available in that language, then the written notice may be provided in English.

The Labor Commissioner developed an English and Spanish template notice that employers may use to comply with this requirement and have posted both on its website. The notice will soon be available in other languages as well.

The notice may be sent through personal service, email, or text message, so long as it can reasonably be anticipated to be received by the employee within one business day of sending.

Opportunity to Name an Emergency Contact – March 30, 2026

Employers must provide employees the opportunity to name an emergency contact no later than March 30, 2026. For new employees, an opportunity must be provided at the time of hire. Employers should also allow employees to update their emergency contact information through the duration of employment.

Employers should allow the employee to indicate whether the emergency contact should be notified if the employee is arrested or detained on the worksite, during work hours, or during the performance of the employee’s job duties, if the employer has actual knowledge of the arrest or detention.

Enforcement

The Labor Commissioner, or alternatively, a public prosecutor, has the authority to enforce the Workplace Know Your Rights Act.

In a civil action, an employee may seek temporary or preliminary injunctive relief, along with punitive damages and reasonable attorney’s fees and costs.

An employer who violates the notice requirement shall be subject to a penalty of up to $500 per employee.

An employer who violates the requirements to notify a designated emergency contact shall be subject to a penalty of up to $500 per day per employee, with a maximum penalty of $10,000 per employee.

Employers cannot discriminate or retaliate against employees for exercising their rights.

If you have questions about your obligations under the Know Your Rights Act or other employment-related matters, please do not hesitate to contact us.

This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No reader should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that reader. For more information, visit www.buchalter.com.