Nov. 12, 2025
California Employer Alert: New Annual Workplace Rights Notices Required by February 1, 2026
Starting February 1, 2026, California employers must provide stand-alone written notices to all current employees informing them of certain compensation, union organizing rights, and certain constitutional rights. On October 12, 2025, Governor Gavin Newsom signed (Senate Bill (“SB”) 294) into law, which codifies the Workplace Know Your Rights Act. The law also clarifies employers’ duties if an employee is arrested during work.
Deadlines
- By January 1, 2026, the Labor Commissioner will provide a template notice for employers and also develop video resources on the law’s rights and requirements.
- By February 1, 2026, employers must provide the notice to all current employees.
- By March 30, 2026, employers must give employees—and any new hire—the opportunity to designate an emergency contact to be reached in the event of the employee’s arrest.
Notice Requirements and Covered Employees
Employers should provide updated notices annually thereafter, and to new employees upon hire. Employers must provide the notice in the appropriate language depending on the employee. English is sufficient for any language not provided in a template notice. The law covers all current employees.
Other Employer Requirements
If an employee is arrested or detained 1) at the worksite; or 2) outside the worksite but during work hours or in the course of their job duties, the employer must notify the employee’s designated emergency contact. Scenario 2 only applies if the employer has actual knowledge of the arrest.
Employers must allow employees to update their emergency contact on an ongoing basis.
Penalties
The law carries penalties up to $500 per employee for each day the violation occurs. Violations of the law’s emergency contact rules carries a maximum aggregate fine of $10,000, per employee. The law empowers employees—or the Labor Commissioner or public prosecutors—to seek enforcement of the penalty in the superior court where the penalty occurred or where the employer does business. Given the sizable penalties, it is imperative that employers furnish the notice on time, train management accordingly on the law’s operation, and maintain adequate records of the same.
Please reach out to a member of Nelson Mullins’ Employment and Labor team for additional questions.
