By Kate Smith, SHRM-CP
The next phase of the Workplace – Know Your Rights Act is quickly approaching. By March 30, 2026, employers must provide employees with the opportunity to designate an emergency contact. Employers should begin collecting these Emergency Contact Designation forms from current employees in advance of the deadline. New hires must be given the opportunity to designate an emergency contact at the time of hire.
This requirement is intended to help ensure that, in situations involving arrest, detention, or other workplace enforcement activity, an employee’s designated contact can be notified appropriately.
What Employers Must Provide – Current Employees and New Hires
New employees hired after March 30, 2026, must receive the form at the time of hire, while current employees must be given the opportunity to designate an emergency contact on or before that date. The form must provide employees the opportunity to indicate:
- Who should be contacted in the event of arrest, detention, or emergency;
- Whether the designated individual is authorized to receive the employee’s paycheck in those circumstances; and
- The ability to designate different individuals for notification and paycheck pickup, or elect that no contact be made for notification purposes.
Distribution methods of the Emergency Contact Designation form should reasonably ensure employees receive the form and have an opportunity to complete it. If employees do not regularly check Company email, relying solely on email may not be sufficient. Employers should use the same communication channels they typically rely on for important business information, such as hand delivery, a workplace portal, or other established methods employees are likely to access.
If an employee is arrested or detained at the worksite and the employer has actual knowledge of the event, the employer must attempt to contact the designated emergency contact and, when applicable, release the employee’s paycheck in accordance with the employee’s written authorization. Employers should ensure their emergency contact forms align with these requirements. Silvers HR has designed an Emergency Contact Designation form that meets these standards and is available in the New Hire Documents section of the Silvers HR library.
Recordkeeping and Penalties
Employers should maintain documentation showing that notice was distributed. Although the law does not specify a retention period, keeping records throughout the employee’s employment and for approximately three years after separation is a common practice. Documentation should include the emergency contact form provided, the date of distribution, and the method of delivery (such as email or hand delivery). A simple tracking system, such as a spreadsheet, can help support recordkeeping efforts. Failure to follow these requirements may result in penalties of up to $500 per employee per day for emergency contact designation violations, capped at $10,000.
What Employers Should Do Now
Reviewing current practices now will help ensure readiness before the March 30, 2026, deadline. This includes distributing required Emergency Contact Designation forms by March 30, 2026, and retaining records of distribution.
If you have questions about these requirements, please contact your Silvers HR Consultant.