By Sarah Peterson, SHRM-SCP, PHRca
With the new year came yet another new notice requirement for California employers. The Workplace Know Your Rights Act Notice purpose is to provide employees with information on the rights and protections afforded to them as wage-earners in CA. However, some confusion may remain about what this notice requires – and what employers need to do. We’ve broken it down to help employees stay compliant and avoid costly missteps.
What the Workplace Know Your Rights Act Notice Is
This notice is a stand-alone document that must be provided to employees upon hire and annually thereafter beginning February 1, 2026.
The notice must contain the following seven elements related to employee rights:
- Workers’ Compensation Rights
Employees have the right to receive Workers’ Compensation benefits if they suffer a work-related injury or illness.
- Advanced Notice of I-9 Inspections
Employees have a right to be notified in advance – at least 72 hours’ notice, if advanced notice has been provided to the employer – of an upcoming I-9 inspection by an immigration agency.
- Protection from Immigration-Related Retaliation
Employees have a right not to endure or be threatened with adverse action related to their immigration status.
- Union and Protected Activity Rights
Employees must not to be prevented or discouraged from engaging in union-related or protected activities and not to be retaliated against for engaging in or demonstrating support for union-related or protected activities.
- Constitutional Rights When Interacting with Law Enforcement
The notice must inform employees of certain constitutional protections, including:
- The Fourth Amendment right to be free from unreasonable searches and seizures
- The Fifth Amendment right to remain silent
- The First Amendment right to record interactions in public spaces
- The Sixth Amendment right to an attorney if arrested
- Right to Notify an Emergency Contact
Employees must be able to elect to have their emergency contact informed if they are arrested or detained at work.
- Enforcement and Reporting Resources
List of agencies employees may contact if their rights have been violated.
What the Notice Is Not
This notice is not a new poster/posting that must be displayed on bulletin boards or in breakrooms and employees do not need to sign the notice; it must only be provided to them. Additionally, this notice does not replace any other document provided at the time of hire, such as the Workers’ Compensation pamphlet.
What Employers Need to Do Now
Compliance with this new requirement involves more than simply distributing the notice. The California Labor Commissioner has provided a template that employers can use, but it is not required. This template goes well beyond the basic requirements and may not be suitable for all employers. Whether you use their template or create your own, it is critical that the notice aligns with your organization’s existing policies and practices.
For example, employers that already require employees to complete an emergency contact form do not need to create a separate document to comply with this requirement. Instead, they should ensure that their existing form or process allows employees to elect to have an emergency contact notified in the event of an arrest or detention while at work. The notice should clearly explain how and where employees can make this election. Additionally, though it is not required, it is recommended that these forms also allow the employee to elect whether they would like their emergency contact to be able to pick up their paycheck.
Additionally, the notice must be clearly written and provided in the language that the employers regularly communicate with employees and that employees understand. For some employers, this may require having copies of the notice in more than one language. The template provided by the Labor Commissioner is available in English and Spanish currently, with more language options coming soon. If you choose to create your own template, your Silvers HR consultant can offer referrals for translation services if needed.
Lastly, employers are required to keep a record of notice distribution for the past 3 years. The record must include the notice that is handed out each year, the date that it was provided to employees and the method by which it was delivered (email, hand-delivered, etc.).
The Workplace Know Your Rights Act Notice is not just another notice – it is a recurring compliance obligation that requires integration into your hiring and annual HR processes.
As always, please contact your HR Consultant with any questions you may have.