As noted in our 2025 year end Employment Law Update, by February 1, 2026, employers are required to provide the new “Know Your Rights Act” notice to all current and new employees.
The Notice provides California workers with information about their workplace and constitutional rights regardless of immigration status; protection from retaliation; and protection to engage in protected activity including the right to organize a union. The Notice also informs workers of their rights for workers compensation and when interacting with law enforcement and immigration agents in the workplace.
The Act requires employers to notify an employee’s designated emergency contact if the employee is arrested or detained at the worksite. This requirement also applies if the employer has actual knowledge of an arrest or detention occurring off-site during work hours.
The California Labor Commissioner has created a template that can be used to meet the requirements of the law. The Notice currently is available in English and Spanish, and soon will be available in additional languages. The notice will be updated annually.
Distribution
Employers must distribute the Notice to current employees as a “stand-alone” document in a manner the employer normally uses to communicate employment-related information such as a handout, via email, or text messaging. If sending via email or text, the Notice must be sent in a manner where it is reasonably anticipated to be received by the employee within one business day.
Penalties for Non-Compliance
Failure to comply with the Act may result in citations issued by the Labor Commissioner or a public prosecutor. Employers may also face a civil penalty of up to $500 per employee for each violation. A higher penalty may be imposed for violations involving the emergency contact notification, up to $500 per employee per day, with a maximum of $10,000 per employee.
Reminder of Deadlines:
- By February 1, 2026, employers must provide each current and new employee with a stand-alone written Workplace Know Your Rights Act notice via regular communication methods.
- By March 30, 2026, employers must allow employees to designate an emergency contact or collect this information from new hires going forward.
Additional information on required posters and notices can be found here on the DIR website: https://www.dir.ca.gov/dlse/RequiredPosters.html
This Newsletter is intended as a brief summary of employment law. While every effort has been made to ensure the accuracy of the information contained herein, it is not intended to serve as “legal advice,” or to establish an attorney-client relationship. If additional information is needed on any of the topics contained herein, please contact our office. All rights reserved. ©2026.