00259 New Laws 2026 FLIPPINGBOOK

New California Laws 2026

SB 294: California’s ‘Workplace Know Your Rights Act’ demands employer action

By Ryan Malhan S enate Bill 294, also known as the Workplace Know Your Rights Act, is an important new employment law in California that aims to en- sure that workers understand their rights and con- stitutional protections. Effective Jan. 1, 2026, the law introduces significant requirements for notice, train- ing and recordkeeping. Employers will need to pro- vide a stand-alone written notice of workers’ rights to each new hire and distribute it annually to all cur- rent employees. Prompted in part by recent concerns over immigration enforcement and worksite deten- tions, the law’s objective is to strengthen awareness of labor and civil rights, including protections during workplace interactions with law enforcement. Four key elements of the law include: Annual and new hire notices To aid compliance, the Labor Commissioner will issue a model notice by Jan. 1, 2026, with annual up- dates. The written notice will cover topics such as paid sick leave, protections against immigration-re- lated retaliation and constitutional rights during law enforcement encounters at work. Notices must also be furnished to any union representing the work- force. Language access and education Acknowledging California’s multilingual work- force, notices must be delivered in the language cus- tomarily used for employment communications. The Labor Commissioner will make templates available in at least nine languages, including Spanish, Chi- nese, Tagalog and Punjabi. By July 1, 2026, the agen- cy will also release educational videos for employers and employees to reinforce awareness. Emergency contact notifications Employers must notify an employee’s designated emergency contact if the employee is arrested or de- tained at the worksite. For arrests occurring offsite during work hours, notice is required only if the em- ployer has actual knowledge of the arrest. Employers must request and/or collect emergency contact de- tails by March 30, 2026.

Compliance and penalties Employers must maintain proof of notice delivery for three years. Noncompliance with the notification requirements may result in penalties of up to $500 per employee per day, capped at $10,000 per employ- ee. Enforcement will be handled by the Labor Com- missioner and public prosecutors, with anti-retalia- tion protections for employees exercising their rights or participating in investigations. Implications for employers Beyond revising onboarding and annual communi- cation processes, businesses should prepare for mul- tilingual communications, recordkeeping and emer- gency contact protocols. Employers should consider: •Auditing current notice practices •Preparing the required written notice •Training HR teams on new requirements • Updating systems for three-year retention of de- livery records Early preparation will help employers avoid po- tentially costly enforcement actions and maintain employee trust in an increasingly regulated environ- ment.

Ryan Malhan is an employment litigator and advisor at Farella Braun + Martel LLP.

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