The annual notice to employees must include seven categories, including information about:
- 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
- and a list of the enforcement agencies that may enforce the underlying rights in the notice.
An employer must provide the notice to employees in a language the employer normally uses with the employees when discussing business, which should be a language employees understand.
The Labor Commissioner has developed a notice template that complies with the law and can be used by employers. The notice currently is available in English and Spanish, and soon will be available in additional languages.
California Workplace – Know Your Rights
Contacting a Designated Emergency Contact if an Employee is Detained or Arrested
If authorized to do so by the employee, employers will also need to notify their designated emergency contact if they are detained or arrested at or away from the worksite during work hours or performance of job duties.
Accordingly, employers have until March 30, 2026, to provide existing workers and new employees upon hire the opportunity to designate an emergency contact. In designating an emergency contact, employees must be allowed to authorize their employer to notify that designated person if they are arrested or detained at the worksite or in performance of job duties away from the worksite.
What Should Employers Do Now?
To ensure compliance with the Workplace Know Your Rights Act, consider the following now:
- Download the Labor Commissioner’s template notice in English or Spanish.
- Make appropriate plans to send the written notice to all employees by February 1, taking into account your number of employees, employee demographics, number and layout of worksites, standard company methods of communication (including language and form), and other relevant factors. The notice can be distributed via personal service, email or text message.
- Revise your employee emergency contact designation form to include a box or space for the employee to indicate whether they authorize you to contact their designated person in event of their arrest or detainment by any agency.
- With the same business considerations, decide and outline a timeline for company-wide dissemination of the new designation form which allows employees reasonable opportunity to return the information by the March 30 deadline.
- Upon collection of contact information from existing employees, initiate protocol to contact designated persons in the event of employee detainment.
- In this vein, prior to or while collecting information from employees, advise and train managers and supervisors of their obligation to contact the employee’s designated person in the event of the employee’s detainment.
- Finally, ensure the inclusion of the written notice and new designation form in your onboarding process coincides with dissemination to existing employees. Train your hiring personnel on the same.
If you have questions regarding the Workplace Know Your Rights Act, please feel free to contact our office.
