Workplace Know Your Rights Act

California employers are facing a new set of compliance obligations under Senate Bill 294 (SB 294), also known as the “Workplace Know Your Rights Act.” If you have employees in California, this law affects how you communicate with your workforce and how you handle emergency contacts in sensitive situations.

Employee Workplace Rights

Starting February 1, 2026, you must provide employees with a written “Know Your Rights” notice. This isn’t a one-time document, but an annual requirement, meaning each year, you should make sure you're using the most recent version before distributing it to your workforce. As a general note, all current employees must receive the notice each year, and new hires should receive it as part of your onboarding process.

To make compliance easier, the Labor Commissioner has created a model “Know Your Rights” notice that employers can use, available in English and Spanish. While you’re not required to use the exact form, it’s designed to meet the law’s content requirements; it’s a logical starting point for most employers. Here are some important things to note:

• Language: The notice has to be provided in a language you normally use to communicate with employees about business matters, and it must be in a language your employees understand.

• Delivery: From a practical standpoint, you should decide how you’ll deliver the notice-paper handouts, email, HR portal, or a combination.

• Documentation: Track how you’ll confirm that employees received it. Treat it as a stand-alone communication, not something buried deep in a handbook.

Employee Arrests and Detentions

SB 294 also creates a new obligation related to employee arrests or detentions. If an employee is arrested or detained at the worksite, or offsite during work hours, and you have actual knowledge of it, you may be required to notify their emergency contact.

However, that notification obligation only applies if the employee has indicated that their designated emergency contact should be notified in that situation. The law gives employees the choice, and your job as an employer is to collect and honor that preference.

By March 30, 2026, you must give employees the opportunity to say whether their emergency contact should be notified if they are arrested or detained under those work-related circumstances. That means updating your emergency contact forms and processes as soon as possible. For new hires, it should become part of your standard onboarding paperwork after that date. You should also allow employees to update their choice should their preferences change.

Next Steps

To prepare for these upcoming deadlines and reduce the risk of penalties or disputes in the future, you should take the following steps:

1. Assign someone in HR or legal to track the latest model notice each year.

2. Build the notice into onboarding and annual communication cycles.

3. Update the emergency-contact forms to include language around arrests and detentions.

4. Build a protocol to contact designated persons in the event of an arrest or detention.

5. Train managers on what to do if they learn an employee has been arrested or detained during work.

Clarus is ready to work with you to update your onboarding practices, annual notice procedures, and emergency contact forms and policies.