January 20 Tip of the Week

“Know Your Rights Act”

Effective February 1, 2026, all California employers are required to provide the following notice in their workplace:  https://www.dir.ca.gov/dlse/Know-Your-Rights-Notice/Know-Your-Rights-Notice-English.pdf.  The purpose of this notice is to educate employees on their workplace and constitutional rights. According to the notice, labor laws, including but not limited to standards for wages, hours, and health and safety, apply to all workers in the state regardless of immigration status.  This new notice requirement appears to be a response to the recent immigration enforcement activities that have occurred in California and other states.  Notice templates are available in English and Spanish from the California Labor Commissioner’s Office with other languages to be forthcoming. 

The notice must alert employees of their rights to workers’ compensation benefits, protections against unfair immigration-related practices, the right to notice of federal immigration inspections, the right to organize a union in the workplace, constitutional rights when interacting with law enforcement at the workplace, and rights related to designating an emergency contact to be notified if the employee is arrested or detained while at work. The law also requires that the notice include a list of any new legal developments that the Labor Commissioner deems “material and necessary.”  The notice must be delivered to employees by February 1, 2026 and must be provided to all new hires on or after that date. 

Unlike other similar workplace notices that can be displayed in the workplace, this notice must be provided directly to employees, new hires, and collective bargaining agents.  The notice must be provided to current employees, on or before February 1, 2026, and then annually, in a manner normally used to communicate employment-related information, such as by personal service, email, or text message, if it can reasonably be anticipated to be received by the employee within one business day of sending.  For new hires, the notice should be included in all onboarding materials as a separate and distinct document. 

In addition to the Know Your Rights Poster, California employers must also, by March 30, 2026, allow employees to designate an emergency contact or collect this information from new hires going forward. If an employee is arrested or detained at work—or offsite during work hours or while performing job duties (if known to the employer)—employers are required to notify the designated contact. This new law is subject to enforcement by the Labor Commissioner or a public prosecutor.  Violations may incur penalties for up to $500 per employee, or up to $10,000 per employee for ongoing emergency contact violations.

While this law is only effective in California, the notice of rights and the designation of an emergency contact may be instructive for employers in other states who are concerned about immigration enforcement activities and are looking for ways to support their employees.  myHRcounsel can assist you in meeting the requirements of California law or in providing to support to your employees during these difficult times.