Western Grower & Shipper Q1 2026 Issue

SB 294 – The Workplace Know Your Rights Act (Effective Jan. 1, 2026; notice requirements effective Feb. 1, 2026) The Workplace Know Your Rights Act (SB 294) requires the California Labor Commissioner to post a Notice template for employers by Jan. 1, 2026, with annual updates released thereafter. The Notice is required to provide information on workers’ compensation, immigration protections, union rights and constitutional protections during law enforcement interactions at the workplace. Employers are required to provide this Notice to employees by Feb. 1, 2026, and annually thereafter, as well as to new hires and, if applicable, employee representatives (e.g., union representation). Notices must be in the language commonly used by the employer (if provided by the Labor Commissioner), and employees must be allowed to designate an emergency contact in case of arrest or detention at work by March 30, 2026. Penalties for noncompliance include up to $500 per employee per violation, and for emergency contact violations, up to $500 per day (maximum $10,000 per employee). SB 617 – Cal-WARN Under Cal-WARN, employers must give 60 days’ written notice before mass layoffs, relocations or terminations. SB 617 adds that this notice must state whether the employer will coordinate services with the local workforce development board (LWDB), provide details on CalFresh food assistance (including the helpline and website) and include contact information for both the LWDB and the employer. The notice must also include a statutory description of LWDB rapid response services to help laid-off workers find new jobs. If coordinated services are offered, they must be arranged within 30 days of the notice. SB 590 – Paid Family Leave (Effective July 1, 2028) SB 590 expands California’s Paid Family Leave program to cover individuals caring for a “designated person,” defined as someone related by blood or with a family-like relationship. Starting July 1, 2028, employees can receive wage replacement benefits for caring for such individuals, provided they identify and attest to the relationship under penalty of perjury. SB 513 – Personnel Records SB 513 expands the scope of personnel records that current and former employees, or their representatives, have the right to inspect and receive a copy of to include education or training records. The new statute also requires employers who maintain education or training records to ensure those records include the name of the employee and the training provider, the core competencies of the training and any resulting certification or qualification earned. SB 59 – Change of Name or Gender and Sex Identifier SB 59 imposes stricter requirements on employers to ensure that medical information obtained in the course of employment is kept strictly confidential and used only for legitimate business purposes. Maintaining confidentiality is mandatory under SB 59, meaning that medical details—such as health conditions, treatment records or related documentation—cannot be disclosed except in limited circumstances specifically authorized by law, such as compliance

with subpoenas, benefit administration or workers’ compensation claims. For any other disclosure of medical information, the employee’s explicit written authorization is required. SB 446 – Data Breaches SB 446 updates California’s data breach notification rules, requiring businesses to notify affected residents within 30 days of discovering a breach. If more than 500 residents are affected, a sample notice must be sent to the Attorney General within 15 days. Notification can be delayed for law enforcement or to assess the breach. SB 446 also sets a standard notice format and makes missing the 30-day deadline “per se” evidence of a violation, with possible fines and private lawsuits under the California Consumer Privacy Act (CCPA). Regulatory Enforcement – CPPA: Automated Decision- Making Technology (ADMT) (Effective Jan. 1, 2027) The California Privacy Protection Agency (CPPA) is responsible for creating and enforcing California’s Privacy Rights Act (CPRA) regulations. In its second round of regulatory enforcement, the Agency is focusing on ADMT as it applies to significant decisions in the employment and job applicant contexts. Specific triggers for compliance arise when an organization subject to the CCPA uses ADMT to make significant employment decisions, such as those related to hiring, promotions or benefits. Compliance is also required for activities that present a high privacy risk—including selling or sharing personal information, processing sensitive personal data or profiling employees or candidates. Additionally, businesses that meet certain size thresholds, such as generating more than $50 million in annual revenue, may be subject to cybersecurity audit requirements, with phased deadlines beginning in 2028. Entities not covered by these new regulatory requirements include non-profit organizations and any organization that does not fall within the scope of the CCPA—such as those not meeting the relevant thresholds or not handling the personal data of California residents. "Out of a total of 917 bills, 794 became law, including approximately 70 that focused on employment issues. Employers should act promptly to ensure compliance with the new regulations, effective Jan. 1, 2026, unless otherwise specified."

8 Western Grower & Shipper | www.wga.com January – March 2026

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