Notice and Recordkeeping: The Workplace Know Your Rights Act (SB 294)

Overview of SB 294

The Workplace Know Your Rights Act requires employers to provide employees with an annual notice outlining workers’ compensation benefits, immigration protections, rights to engage in concerted activities, and constitutional rights during law enforcement interactions. 

Key Changes

1. Annual Notice Requirement

   • Employers must distribute a new “Know Your Rights” notice annually to all employees.
   • Notice will cover the following topics:
     • Workers’ compensation
     • Immigration protections
     • Right to engage in concerted activity
     • Constitutional rights when interacting with law enforcement
   • Labor Commissioner will provide a template by January 1, 2026.
   • Employers must:
     • Distribute the notice by February 1, 2026.
     • Provide it to new hires going forward.
     • Continue annual distribution thereafter.
       
       

2. Recordkeeping

   • Employers must keep compliance records for 3 years, including:
     • Date each notice was provided or sent.
       
       

3. Emergency Contact Notification

   • If an employee is arrested or detained on the worksite, employers must notify the employee’s designated emergency contact if:
     • The employee has designated a contact for this purpose.
     • The employer has actual knowledge of the arrest.
   • Employers must:
     • Give existing employees the opportunity to designate an emergency contact by March 30, 2026.
     • Collect this information at hire for new employees after that date.

HR Best Practice Recommendations

1. Monitor for Template Notice:
   • Watch for the Labor Commissioner’s template by January 2026.
2. Update Onboarding & Annual Processes:
   • Incorporate the new notice into onboarding and annual compliance routines.
3. Create Recordkeeping System:
   • Track notice distribution dates for at least 3 years.
4. Emergency Contact Policy:
   • Update forms and HR systems to allow employees to designate emergency contacts for arrest notifications.
5. Train HR & Managers:
   • Ensure they understand new obligations and timelines.

Legislative Impacts

SB 294 introduces a new annual notice requirement covering multiple employee rights, expanding compliance responsibilities beyond existing postings.  By mandating information on workers’ compensation, immigration protections, and constitutional rights, the law aims to strengthen employee awareness of rights and workplace protections while ensuring accountability.

Closing Remarks

SB 294 reflects California’s commitment to transparency and worker protections. Employers should act now to prepare for new notice and recordkeeping requirements, update emergency contact procedures, and integrate these obligations into annual compliance workflows. Early planning will help avoid penalties and demonstrate a strong commitment to employee rights.

Stay Compliant with SB 294

Ensure your policies and procedures align with California’s evolving employment laws. Employer’s Guardian offers expert guidance to help you navigate these changes. Contact us today to learn more.