California’s “Workplace Know Your Rights Act,” SB 294, introduces significant new requirements for California employers beginning Feb. 1, 2026, with important implications for immigration‑related enforcement and employee rights.
The law is intended to ensure that all employees, including immigrant workers, are informed of their protections during workplace interactions with immigration authorities and law enforcement.
Key components of SB 294 include the following:
1. Mandatory Written Notice of Immigration‑Related Rights
On or before Feb. 1, 2026, and annually thereafter, employers must provide a stand‑alone written notice to all current employees as well as to new hires at the time of hire. The notice must include information on the following immigration-related rights:
- Rights during immigration‑agency inspections, including notice requirements.
- Protection from unfair immigration‑related practices, such as documenting abuse or retaliation based on immigration status.
- Constitutional rights during law‑enforcement encounters, including protections from unreasonable searches, self‑incrimination, and due process violations.
Non-immigration rights that are also required to be given notice include (1) the right to workers’ compensation benefits, including disability pay and medical care for work-related injuries or illness, as well as contact information for the Division of Workers’ Compensation; and (2) the right to organize a union or engage in concerted activity in the workplace.
This notice must be delivered using the method normally used for workplace communications, such as email, text message, or personal delivery, as long as the employee can reasonably receive it within one business day.
The state labor commissioner has released official templates of the notice in Spanish and English, with additional languages to be made available in the future. The written notice must be provided in the language the employer uses to communicate employment-related information and that the employee understands if the template notice is available in that language, otherwise, English is fine.
2. Emergency Contact Requirement for Immigration and Customs Enforcement (ICE) Arrests or Detentions
By March 30, 2026, employers must offer employees the opportunity to designate an emergency contact to be notified if the employee is:
- Arrested or detained at the workplace, or
- Arrested or detained offsite during work hours, when the employer has actual knowledge.
This requirement applies to onsite and remote employees working in California and applies only if the employer has actual knowledge of the employee’s arrest or detention.
3. Recordkeeping Expectations
Employers must maintain proof of notice, including dates and methods, for at least three years.
4. Penalties for Non‑Compliance
Violations carry meaningful fines for employers:
- Up to $500 per employee for failing to provide the written notice
- Up to $10,000 per employee for failing to notify the designated emergency contact after an arrest or detention
5. Immediate Next Steps for Employers
- Ensure dissemination of the template notice by Feb. 1, 2026.
- Incorporate the template notice into onboarding and annual communications.
- Implement workflows to collect and update emergency‑contact authorizations.
- Train HR and managers on how to handle ICE activity and protect employee rights.
- Prepare to track and retain distribution records.
Attorneys at Jackson Lewis are ready to address any questions you may have regarding the impact of SB 294 on your business practices.