Labor Relations
California Enacts the Workplace Know Your Rights Act
Updated
Senate Bill 294, authored by Senator Reyes, enacts the Workplace Know Your Rights Act. It adds Part 5.6 (commencing with Labor Code section 1550) to Division 2 of the Labor Code, requiring California employers to give employees a written notice of specified workplace and constitutional rights, to offer an emergency-contact option, and to notify that contact if an employee is arrested or detained at work. The statute takes effect January 1, 2026, with several duties phased in on their own dates.
Background
Existing law establishes the Division of Labor Standards Enforcement, headed by the Labor Commissioner, within the Department of Industrial Relations to enforce California’s labor laws. Existing law also prescribes various employer and employee duties, including workers’ compensation rights and notice requirements tied to workplace inspections by immigration agencies under Labor Code section 90.2.
SB 294 builds on that framework by creating a new, consolidated notice obligation. It adds Part 5.6 to the Labor Code, sections 1550 through 1559, which the Legislature states is intended to help California workers understand their rights as workers and their constitutional rights.
What the Law Requires
On or before February 1, 2026, and annually thereafter, an employer must give each current employee a stand-alone written notice of specified rights, and must give that notice to each new employee upon hire and annually to an employee’s authorized representative, meaning an exclusive collective bargaining representative. Under Labor Code section 1553, the notice must describe rights to workers’ compensation, notice of immigration-agency inspections, protection against unfair immigration-related practices, the right to organize or engage in concerted activity, and constitutional rights when interacting with law enforcement at the workplace.
The Labor Commissioner must develop a template notice, post it online on or before January 1, 2026, and update it annually, and must develop employee and employer videos on or before July 1, 2026. Section 1553 also requires employers to keep records of compliance for three years. Employers must offer existing employees the chance to name an emergency contact by March 30, 2026, and new hires at hiring, and must notify that contact if the employee is arrested or detained at the worksite, or elsewhere during work if the employer has actual knowledge.
SB 294 requires California employers to distribute an annual written notice of workplace and constitutional rights, to offer an emergency-contact option, and to notify that contact when an employee is arrested or detained at work.
Enforcement, Penalties, and Waiver
Under Labor Code section 1557, an employer may not discharge, threaten to discharge, demote, suspend, discriminate, or retaliate against an employee for exercising rights under the part, filing a complaint, or cooperating in an investigation. Section 1558 authorizes enforcement by the Labor Commissioner or, alternatively, by a public prosecutor, and permits civil actions seeking injunctive relief, punitive damages, and reasonable attorney’s fees and costs.
Violations may carry a penalty of up to $500 per employee per violation. For the emergency-contact provisions in section 1555, the penalty is up to $500 per employee for each day the violation occurs, up to a maximum of $10,000 per employee. Section 1556 allows parties to supersede the part through a collective bargaining agreement if the waiver is set forth in clear and unambiguous terms, and section 1559 preserves local ordinances offering equal or greater protection.
What This Means for You
SB 294 requires California employers to provide employees a recurring written notice of specified workplace and constitutional rights and to set up an emergency-contact process tied to arrests or detentions at work. It applies to the employer’s notice, recordkeeping, and emergency-contact duties and to retaliation claims arising from an employee’s exercise of these rights.
I write these summaries as general information about developments in California employment law. They are not legal advice and don’t create a mediator–client relationship. For guidance on a specific matter, consult a qualified attorney.