Pursuant to Senate Bill 294 which went into effect January 1, 2026 and added a new Part 5.6 to the California Labor Code (sections 1550 – 1559), the California Department of Industrial Relations (“DIR” aka “Labor Commissioner”) has issued the anticipated “California Workplace – Know Your Rights” Notice (“Notice”).

The new law requires that employers provide this Notice (or their own stand-alone notice that meets the statutory requirements) to all employees by February 1, 2026, and annually thereafter. Employers can provide the Notice to employees in the same manner the employer normally uses to communicate other employment-related information. This may not be the same for all employers and the law states that methods such as personal service (e.g. hand-delivery), email, or text message may be sufficient, provided that the Notice can reasonably be anticipated to be received by the employee within one business day of sending it. The Notice must also be provided to each new employee upon hire, and to the authorized representative (e.g. union rep), if any, of an employee either electronically or by regular mail.  Whichever method an employer chooses to provide the Notice under the new law, it is recommended that the employer obtain some form of confirmation of receipt from the employee to evidence the Notice was provided under the law.

So what must be in the Notice?

The Notice must contain a description of workers’ rights in the following areas:

  1. The right to workers’ compensation benefits, including disability pay and medical care for work-related injuries or illness, as well as the contact information for the Division of Workers’ Compensation.
  • The right to notice of inspection by immigration agencies pursuant to Labor Code Section 90.2(a). This means that if an employer receives notice of an upcoming immigration agency’s inspection of I-9 Employment Eligibility Verification forms or related records, the employer must post a notice informing employees and any union representatives within 72 hours of receiving the notice from the immigration agency.
  • Protection against unfair immigration-related practices against a person exercising protected rights. For example, employers may not refuse to accept documents that appear to be genuine during the Form I-9 employment eligibility verification process; use E-Verify except as permitted by statute; or report or threaten to report an employee or their family to immigration authorities. Also, employees have the right under the law to designate an emergency contact to be contacted by the employer if the employee is arrested or detained at work.
  • The right to organize a union or engage in concerted activity in the workplace.
  • Constitutional rights when interacting with law enforcement at the workplace, including an employee’s right under the Fourth Amendment to the United States Constitution to be free from unreasonable searches and seizures and rights under the Fifth Amendment to the United States Constitution to due process and against self-incrimination.

The Notice must also contain:

  • A description of new laws enforced by the Labor Commissioner which it deems material and necessary. The DIR’s Notice makes clear that employees may not be retaliated against for exercising certain rights including, filing a complaint with the Labor Commissioner, Cal/OSHA, the CA Civil Rights Department, or other government agency; for asking about employer compliance with federal, state, or local law; or talking with others about their rights to helping them exercise their rights under federal, state, or local law.
  • A list of the various enforcement agencies that may enforce the underlying rights in the Notice. Some of the state agencies are: the CA Labor Commissioner, Cal/OSHA, the CA Division of Workers’ Compensation, the CA Attorney General’s Office, the CA Civil Rights Department, the CA Agricultural Labor Relations Board, and the CA Public Employment Relations Board. Some of the federal agencies include the NLRB, and the U.S. Federal Labor Relations Authority.

The DIR’s form Notice can be obtained at https://www.dir.ca.gov/dlse/Know-Your-Rights-Notice/Know-Your-Rights-Notice-English.pdf.  Employers should ensure that they provide employees (current and new), as well as any employee representatives (e.g. union reps) with a copy of the mandatory Notice in compliance with the new law.