Under the "Workplace Know Your Rights Act" (the "Act"), effective January 1, 2026, employers must provide a new, standalone notice to all current employees, new employees upon hire, and to all employees annually thereafter. The required notice must be in use by February 1, 2026. The notice will explain certain employee constitutional rights and other protections against unfair immigration actions when interacting with law enforcement at work. The notice also must include information about workers' compensation benefits, the right to organize or engage in concerted activity, and a list of enforcement agencies responsible for these rights.
The Labor Commissioner has now posted a template for the new notice to the Department of Industrial Relations ("DIR") website. The template is currently available in English here and Spanish here. It will soon be available in other languages. According to the DIR: "The Labor Commissioner provides these templates that can be used and meet the requirements of the law. The notice will be updated annually." Although under the Act, employers may use an equivalent notice in lieu of the template posted by the DIR, employers are strongly encouraged to use the DIR template to ensure legal compliance.
The new notice may be given to existing employees the same way other employment-related information is provided to them. The new law requires that the notice should be reasonably anticipated to be received within one business day. Keep in mind the notice may need to be re-sent to those who are on vacation, leaves of absence, etc., upon their return to work. Employers must also provide the notice in the language normally used to communicate with the employee, if that version is available on the DIR website. The notice should be added to the onboarding packet along with workers' compensation and other required notices for new hires.
In addition, employers have until March 30, 2026 to allow employees to indicate if they want a designated emergency contact to be notified if they are arrested or detained at work, or if the employer has actual knowledge an employee was arrested or detained while working offsite. Employers should update their emergency contact forms and their employee handbooks accordingly. Employers should also train their HR and/or management employees to navigate these requirements. The Act provides for potential penalties for the employer and outlines anti-retaliation provisions prohibiting terminating, demoting, suspending, or discriminating against employees who exercise their rights under the Act, such as filing complaints or participating in investigations.
Please note, Collective Bargaining Agreements may supersede these requirements if the waiver is explicit and unambiguous.
For questions regarding the above or any other employment law issues, contact the attorneys at LightGabler LLP.
Copyright © LightGabler LLP • Contact | Our People | Website by Dan Gilroy Design