SB 294: The Workplace Know Your Rights Act

In response to recent ICE activities, on Monday of this week Governor Newsom signed SB 294, The Workplace Know Your Rights Act (Reyes).  This bill requires that starting 2/1/26, a new stand alone, written notice must be given annually to all California employees advising them of their specific Constitutional rights when interacting with law enforcement at work.

The bill also requires that by 3/30/26 California employers must give current employees an opportunity to designate a person that their employer may contact if the employee is arrested or detained at work, while employees hired after 3/30/26 must be given the opportunity to designate their contact at the time of hire.

SB 294 directs the Labor Commissioner to create and make available a notice template by 1/1/26. We expect it will be posted on the Division of Labor Standards Enforcement Home Page by then.

Finally, SB 294 requires the Labor Commissioner to enforce the Workplace Know Your Rights Act and alternatively authorizes enforcement by a public prosecutor.  Potential penalties are significant: employers that violate the notice requirement may be penalized up to $500 per employee for each violation; while violations of the emergency contact provisions are subject to penalties of up to $500 per employee for each day the violation occurs, up to a maximum of $10,000 per employee.

Please note that while SB 294 mandates that the new notice include a description of the employee’s right to workers’ compensation benefits, including disability pay and medical care for work-related injuries or illness, as well as the contact information for the Division of Workers’ Compensation [LC 1553 (a)(1)], this requirement is in addition to existing workers’ compensation notice requirements, so the current workers’ compensation posting notice, new hire pamphlet, Notice of Potential Eligibility, and notice letters do not need to be changed.

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