SB 294 Update: The Workplace Know Your Rights Act
This past fall, California Governor Gavin Newsom signed Senate Bill 294, entitled the “Workplace Know Your Rights Act,” which enacted the following:
(1) requires employers to provide a stand-alone written notice annually to each employee informing them of their rights under state and federal law, as specified;
(2) directs the Labor Commissioner (LC) to develop a template notice, as well as videos for employers and employees informing them of their responsibilities and rights, as specified;
(3) requires employers, if authorized by an employee, to contact an employee's designated emergency contact if the employee is arrested or detained, as specified; and
(4) authorizes various penalties for noncompliant employers.
As a refresher, in California, all employers must meet specified workplace notice and posting obligations. At the time of hiring, employers are required to provide each nonexempt employee a written notice with, among other things, the following information: the rate of pay, the regular payday designated by the employer, the name, address, and telephone of the employer, information on sick leave, and the existence of a federal or state emergency or disaster declaration applicable to the county where the employee will be employed and that was issued within 30 days before the employee’s start date.
Employees admitted under the H 2A agricultural visa program receive the above notification as well as a separate and distinct section containing non-duplicative information that describes an agricultural employee’s additional rights and protections under California law and regulations. Employers are able to use template notices prepared by the Labor Commissioner to fulfill the above requirements.
Additionally, newly hired employees must receive pamphlets on a variety of topics. Pamphlets provide further information on workers’ compensation, unemployment insurance, disability insurance, paid family leave, sexual harassment, and the rights of victims of domestic violence, sexual assault, and stalking. Employers can access required pamphlets on the Department of Industrial Relations’ (DIR) and the Civil Rights Department’s websites.
Employers are also required to comply with workplace posting requirements. DIR requires employers to post information related to wages, hours, and working conditions in an area frequented by employees where the posting can be easily read during the workday. Workplace postings are usually available at no cost from the requiring agency. When posting content changes occur, DIR announces them on its website. In the absence of any changes, employers do not need to replace postings annually. Additional posting requirements may apply to some workplaces, depending on the industry.
And now, pursuant to SB 294, here are some key compliance issues for employers to keep in mind:
Annual Workplace Know Your Rights Notice
February 1, 2026 and annually thereafter: Employers must give workers a mandatory annual notice detailing the following seven categories of rights:
· the right to notice of an I-9 inspection by immigration agencies;
· protection against unfair immigration-related practices;
· constitutional rights when interacting with law enforcement in the workplace;
· labor organizing rights;
· workers’ compensation;
· a description of new laws affecting workplace rights as determined by the Labor Commissioner; and
· a list of the enforcement agencies that may enforce the underlying rights in the notice.
The Labor Commissioner has now issued a notice template in English and Spanish, with additional languages forthcoming, the likes of which employers must distribute via email, text, or in-person, in a language employees understand, and maintain records, facing penalties for non-compliance.
Contacting a Designated Emergency Contact if an Employee is Detained or Arrested
If an employee has asked an employer to notify a designated emergency contact, an employer must notify the designated contact if the employee is arrested or detained on the worksite or, when an employer has actual knowledge, if the employee is arrested or detained during work hours but not on the worksite. Therefore, starting January 1, 2026, an employer must notify an employee’s emergency contact in the event of an arrest or detention.
By March 30, 2026, an employer must provide employees the opportunity to name emergency contacts and to indicate whether the emergency contact should be notified if the employee is arrested or detained.
Questions?
Rosasco Law Group can help with any and all compliance needs in the employment law arena. Now that the 2025 bills have gone into effect, you may be reviewing recent enactments and wondering whether your workplace is on top of things. Give our office a call to stay up-to-date with the latest laws.
