New Law Requires All California Employers Provide their Employees with a New Notice of Rights and an Opportunity to Name an Emergency Contact for Arrests

Employers should be aware that there are two new requirements that they must comply with under the newly enacted SB 294, also known as the “Workplace Know Your Rights Act.”

First, employers must provide their employees a new Notice of Rights created by the Labor Commissioner by February 1, 2026. The Labor Commissioner has also provided a Spanish version for employers who have Spanish-speaking employees. Notices in other languages are coming soon. Employers must provide the Notice to their employees by email, text message, or print by February 1, 2026, and each year thereafter. All new employees should be provided with the notice upon hire.

Second, employers have until March 30, 2026 to allow employees an opportunity to name an emergency contact and indicate whether the emergency contact should be notified if the employee is arrested or detained. If an employer learns that an employee was arrested for any reason during the performance of their job duties, they are required to notify the emergency contact if the employee requested it.

While this new requirement is very simple, employers are heavily penalized if they do not comply by March 30, 2026. An employer may be subject to penalties of up to $10,000 per employee if they fail to allow employees to name an emergency contact, so employers should be careful to timely complete this process. 

If you have questions about the “Workplace Know Your Rights Act” or its applicability to your employment policies, please contact a Payne & Fears LLP attorney.