Beginning February 1, 2026, all California employers will be required to provide written notice of employees’ workplace and constitutional rights to all new hires and existing employees on an annual basis. The new law stems from California Senate Bill 294 (SB 294) — the Workplace Know Your Rights Act — and follows recent immigration‑related enforcement actions by US Immigration and Customs Enforcement (ICE) within the state.

SB 294 underscores that California labor laws apply to all workers regardless of immigration status and introduces a new set of mandatory disclosures, protections, and employer obligations.

Key Requirements for Employers

Employers must distribute the notice:

To all current employees
At the time of hire
Annually to authorized employee representatives, such as union representatives (if applicable)

The notice includes employee rights under state labor law, protections against retaliation, and new emergency-contact procedures in the event of immigration-related arrests or detentions in the workplace.

What the Notice Must Cover

The content of the notice aligns with key California Labor Code protections reflected in the official “Know Your Rights” information.

1. Employee Right to Notice of Immigration Inspections (Labor Code § 90.2)

Employers who receive advance notice of an immigration inspection of I‑9 forms or other employment records must:

Post a notice to employees within 72 hours
Notify applicable union representatives

This ensures workers understand their rights and available protections in advance of a federal audit.

2. Right to Designate a Special Emergency Contact (Labor Code § 1555)

Employers must allow employees to identify a special emergency contact (separate from the standard emergency contact) to be notified if the employee is arrested or detained at work. If an employer becomes aware that an arrest or detention occurred, they must notify the designated contact immediately, provided the employee has opted into this notification.

3. Right to Organize and Engage in Protected Activity

Employees have:

The right to organize, join, or support a union
The right to choose not to participate in union activities
The right to engage in concerted activity to raise concerns about wages, hours, or workplace conditions

The notice reiterates that it is illegal for employers to:

Interfere with or discourage union activity
Retaliate or discriminate based on protected activity
Threaten employees with immigration consequences in response to protected conduct

4. Protection From Unfair Immigration‑Related Practices (Labor Code §§ 1019–1019.2)

Employers may not retaliate against an employee for asserting their rights, including by:

Rejecting valid‑appearing I‑9 documents
Misusing E‑Verify (e.g., selective reverification)
Threatening to report employees or their families to immigration authorities
Filing false police or government reports

Illegal retaliation examples include: firing, reducing work hours, or threatening immigration‑related action.

5. Constitutional Rights in the Workplace

The notice summarizes workers’ constitutional rights, which apply regardless of immigration status, including:

Fourth Amendment – Freedom from Unreasonable Searches

Law enforcement generally needs a judicial warrant to enter non-public workplace areas.
Employees may refuse consent to a search of their person or belongings.
Employers are prohibited from voluntarily granting immigration agents access to non-public areas without a judicial warrant.

Fourth Amendment – Protection from Unreasonable Seizure

Employees may ask: “Am I being detained?”
If not detained, the employee may walk away calmly.

Fifth Amendment – Right to Remain Silent

Employees may decline to answer questions about immigration status.
They may request an attorney before signing any documents.

First Amendment – Right to Record Law Enforcement in Public Spaces

Workers may observe or record officers performing duties in public areas if they do not interfere.

6. Right to Access Legal Representation

If arrested, workers have the right to consult a lawyer.
For ICE or CBP civil immigration arrests, the government is not required to provide an attorney, though individuals may consult one or contact their consulate.

7. Workers’ Compensation Rights

Employees injured or made ill on the job have the right to workers’ compensation benefits, including medical care and partial wage replacement.

Enforcement and Penalties

Employers who fail to comply with the emergency-contact notification requirement face penalties of:

Up to $500 per employee per day,
Capped at $10,000 per employee.

What Employers Should Do Now

To comply by February 1, 2026, employers should:

Update onboarding workflows and annual HR communications
Integrate the required “Know Your Rights” notice into employee handbooks and digital onboarding systems
Review internal protocols for responding to immigration enforcement actions
Train HR and management teams on non-retaliation rules and emergency‑contact procedures

Erickson Insights & Analysis

Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.