California: New notice and emergency contact requirements under the Workplace Know Your Rights Act

At a glance

• The Labor Commissioner has published the annual Workplace Know Your Rights template notice, which employers must distribute to all current and new employees.
• Employers must also give employees the opportunity to designate emergency contacts and indicate whether they should be notified in the event of an arrest or detention.
• Emergency‑contact requirements apply to existing employees by March 30, 2026, and to all new hires thereafter.
• Penalties include USD500 per employee per violation, and up to USD10,000 per employee for ongoing violations of the emergency‑contact rules.
• Employers should update onboarding, distribution and recordkeeping processes, and train managers on notification obligations.

The California Department of Industrial Relations issued a new 'Know Your Rights' notice, which must be provided to employees by February 1, 2026.

Under the state’s Workplace Know Your Rights Act (S.B. 294), employers are required to provide a standalone written notice about certain rights to current employees annually, as well as to new employees upon hire, and give the opportunity for employees to provide emergency contacts for notification purposes.

The Labor Commissioner recently published the template notice, which will be updated annually. The notice also is available in Spanish, with additional languages expected shortly. Employers should provide the notice in the language normally used with the employee if the template notice is available in that language. Delivery can be conducted through usual communication methods if the notice can reasonably be expected to reach the employee within one business day. Using the template is not required but is strongly recommended, as the required content of the notice is subject to change and use of the notice.

The Workplace Know Your Rights Act also requires employers to provide employees with the opportunity to name emergency contacts and to indicate whether the emergency contact should be notified if the employee is arrested or detained. If so indicated, employers must notify the employee's designated emergency contact if (1) the employee is arrested or detained at the worksite; or (2) the arrest or detention occurs during work hours or while the employee is performing job duties offsite, but only if the employer has actual knowledge of the arrest or detention. The opportunity to name an emergency contact must be provided to existing employees no later than March 30, 2026, and to new employees hired after March 30, 2026. Employers must also allow employees to provide updated emergency contact information through the duration of their employment.

The Labor Commissioner is responsible for enforcement of the act and may impose a penalty of USD500 per employee per violation. Notably, the penalty for violating the emergency contact provision would be an amount up to USD500 per employee for each day the violation occurs, up to a maximum of USD10,000 per employee. 

Employers are encouraged to:

• Determine distribution method of notice to current employees and new hires and ensure a recordkeeping process is in place.
• By March 30, 2026, allow employees to designate emergency contacts and opt in to notifications in the event of an arrest or detention.
• Update onboarding processes to allow new hires to designate emergency contacts and indicate whether they should be notified of the employee’s arrest or detention.  
• Train supervisors and managers on requirements regarding emergency contact notification in the event of an employee’s arrest or detainment.