Effective February 1, 2026, California’s “Workplace Know Your Rights Act,” SB 294, introduces new requirements for California employers. The legislation makes substantial changes to employee rights regarding immigration-related enforcement.
The law aims to protect workers by informing them of their rights when interacting with immigration and law enforcement at the workplace. Key provisions of the Act include:
Mandatory Written Notice of Rights
Employers are required to post annual notice of workplace protections related to immigration rights. This written notice must be provided to all current employees and new hires in the manner the employer typically communicates, i.e., text, personal delivery, email, or other methods. The notice must include the following information:
- Employee rights during immigration enforcement inspections. Such rights include notice of all scheduled I-9 audits.
- Protections against retaliatory or unfair immigration related practices.
- Worker’s constitutional rights under the Fourth and Fifth Amendment when interacting with law enforcement at the workplace.
The California Labor Commissioner has provided template notices in English, Spanish, and other languages. The templates ensure employer compliance.
In addition to immigration-related protections employers are also required to include information on workers’ compensation rights; disability pay and medical care; and the right to unionize or engage in concerted activity.
Emergency Contact Information Required for Immigration and Customs Enforcement (ICE) Arrests/Detentions
By March 30, 2026, employers must offer workers the opportunity to provide a designated emergency contact. This contact will be notified if the employee is either arrested or detained at the workplace, or during work hours when the employer has actual knowledge of the incident.
Recordkeeping Requirements
Employers are required to keep proof of notice distribution for at least three years, including the date and method of notice.
Penalties
Employer penalties for violations include fines of:
- Up to $500 per employee for failing to provide required notices.
- Up to $10,000 dollars per employee for failing to notify the designated emergency contact after an arrest or detention.
Will Other States Follow Suit?
As of now, California is the only state to have notice requirements on such immigration-related rights. New York Governor, Kathy Hochul, recently proposed legislation limiting state law enforcement cooperation with ICE on civil matters and fast-tracked proposals requiring federal officers obtain judicial warrants to enter sensitive locations such as personal homes. The proposed legislation does not put any additional burden on employers. Other places such as Durham, North Carolina have passed resolutions reminding staff to uphold the 4th Amendment. However, California remains the only state to have such notice requirements.
Employers Next Steps
California employers must disseminate the template notice if they have not done so already. Furthermore, it is advised that employers adopt a procedure for collecting and updating emergency contacts; train managers on how to handle immigration enforcement at the workplace; and remain compliant to avoid penalties.
Brody and Associates regularly advises management on compliance with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
