Under the new Workplace Know Your Rights Act (“Act”), California employers will be required to distribute a “Know Your Rights” notice (“Notice”) to all employees in California on an annual basis. The Notice must outline certain employee rights, including without limitation notice of immigration inspections in the workplace, protections against unfair immigration practices, labor organizing rights, workers’ compensation benefits, and constitutional rights when interacting with law enforcement in the workplace.

The California Labor Commissioner has released a template for the Notice in English (which is linked here) and Spanish (which is linked here), with additional languages expected. Employers may use the Labor Commissioner template as-is, or create their own version that complies with the Act. Employers must distribute the Notice to each employee in the language they typically use to communicate with that employee. 

Please note that additional action may be necessary after distributing the Notice to employees. As set forth on page 2 of the Notice template, employees may designate an emergency contact and indicate whether that contact should be notified if the employee were to be arrested or detained at the worksite, or when the employer knows that the employee has been arrested or detained while working offsite. If employees designate an emergency contact and provide notification instructions, the employer must keep records and provide notifications.

Next Steps for Employers

• Confirm with your HR Department and/or HR advisor whether Notices have been distributed to each California employee.

• On or before February 1, 2026 for current employees, upon hire for new employees, and annually thereafter, provide Notice to each California employee (by personal delivery, email, or other method typically used to communicate employment-related information). 

• On or before March 30, 2026 for current employees, or upon hire for new employees, provide California employees the opportunity to designate an emergency contact for arrest or detention notifications. Employers may prepare and distribute an emergency contact designation form.

• Maintain records (including the date and method of delivery) for all Notices provided to employees.

• Maintain records of any designated emergency contacts and notification instructions.