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by Vanessa M. Greene, J.D.; Employment Law Counsel, CalChamber
Every year, California creates new legal requirements for employers, and 2026 was no exception. One new law — the Workplace Know Your Rights Act (SB 294) — has generated numerous questions from business owners and HR professionals who want to ensure they properly comply with its requirements, including notice obligations and new rules on employees’ emergency contacts. Because it’s critical for employers to understand these requirements and avoid compliance issues, here are answers to some common Workplace Know Your Rights Act questions and misunderstandings.
Effective February 1, 2026, upon hire and annually thereafter, the Workplace Know Your Rights Act requires employers to provide a standalone written notice to each current employee, containing employee rights information about workers’ compensation, immigration, concerted activity and constitutional protections.
Additionally, SB 294 establishes new rules around emergency contacts, requiring employers to allow employees to designate an emergency contact by March 30, 2026. And employers must allow employees to indicate whether an emergency contact should be notified in the event the employee is arrested or detained.
The Workplace Know Your Rights Act gives employers flexibility in how they deliver this written notice. Acceptable methods include, but are not limited to, in-person delivery and electronic delivery such as email or text message.
If the employee has an authorized representative, the employer must also provide this notice to that representative, either by regular mail or email.
Timing is key for whichever method is used, as employers are required to reasonably anticipate the employee will receive the notice within one business day of sending.
Additionally, the written notice must be provided to an employee in the language the employer normally uses to communicate employment-related information and which the employee understands. If the Labor Commissioner’s model notice is not available in that language, employers may provide the notice in English. While English and Spanish are the only versions currently available, the Labor Commissioner states that it will soon be available in other languages.
No. Employers may choose to use the Labor Commissioner’s model notice or to create their own notice that meets the requirements outlined in SB 294. However, if employers create their own notice, it must contain specific information for employees.
No. Because the notice must be provided directly to employees as a standalone written notice, employers should not include it in their employee handbook or physically post the notice in their workplace like they would a workplace poster.
Yes. Employers must maintain records of notice delivery for three years, including the date each written notice was sent.
Employers can document delivery in different ways depending on how they provide the notice. For example, if the notice is emailed or texted, proof can include a copy of the message showing the date and time sent, the recipients and the notice as an attachment or link. Alternatively, employers may choose to keep a distribution log listing the notice sent date and the employees who received it. If the notice is handed directly to the employee, employers can use a signed acknowledgment form confirming the employee was provided with the notice.
For employers using an online platform (e.g., an HR information system (HRIS), onboarding portal, etc.), proof can be the platform’s delivery report showing when the notice was posted or assigned to the employee, when the employee accessed it and any electronic acknowledgment record. Employers should take care to download and save any electronic records or reports and preserve them for the required retention period.
Yes. Even if you already collect emergency contact information, SB 294 adds specific requirements.
For any new employee hired on or after March 30, 2026, employers must allow them to name an emergency contact at the time of hire. Employers must also allow the employee to indicate whether an emergency contact should be notified if:
Accordingly, employers should specifically ask employees whether they want to identify an emergency contact for these situations and, if so, capture their notification preference.
Additionally, employers must allow an employee to provide updated contact information throughout the duration of their employment.
Yes. CalChamber’s Emergency Contact Information form (also in Spanish) can be used to collect employees’ emergency contact information, including employees’ preferences for contacting their emergency contact(s) in the event they are arrested or detained while working, pursuant to the Workplace Know Your Rights Act.
Alternatively, employers may use an HRIS or other online platform to obtain and document these designations, as long as the process captures the required information and allows employees to update it during employment.
Whichever method is used, it’s best to require an explicit “yes/no” answer to whether their emergency contact should be notified if the employee is arrested or detained while working rather than allowing a blank response. If an employee leaves it blank anyway, follow up to obtain a clear “yes/no” when feasible.
It’s okay if an employee declines. SB 294 requires employers to give employees the opportunity to designate an emergency contact and state their notification preference; it doesn’t require the employee to provide one. Employers facing this situation should document that they offered the option and the employee declined and then keep that record with their Workplace Know Your Rights Act documentation. Also make it clear that the employee can add or update an emergency contact at any time during employment.
If an employee has indicated they want their designated emergency contact notified if they are arrested or detained at the worksite, the employer must notify that emergency contact if this occurs. If the arrest or detention occurs during work hours or while the employee is performing job duties offsite, the employer must notify the designated emergency contact — only if the employer has actual knowledge of the arrest or detention.
Have additional questions on complying with the Workplace Know Your Rights Act? CalChamber Preferred level members (and higher) can contact the CalChamber Labor Law Helpline to speak with an Employment Law Expert.