Beginning February 1, 2026, all California employers must provide to all new hires and each existing employee on an annual basis written notice of employee’s workplace and constitutional rights. Prompted by the recent enforcement actions by United States Immigration and Customs Enforcement personnel in California, the notice specifies that labor laws apply to all workers in the state regardless of immigration status. It also requires employers to request from employees a designated special emergency contact (separate from the customary emergency contact) in case they are arrested at the workplace, Cal. Labor Code § 1555. Additionally, the notice includes an anti-retaliation clause to protect employees from being retaliated against based on their immigration status.
The law comes out of California Senate Bill 294, the Workplace Know Your Rights Act, which aims to ensure transparency surrounding employee immigration-related protections and constitutional rights in the workplace. It also establishes a process for emergency contact notification in the event of workplace arrests or detentions.
To remain compliant, employers must (1) provide the notice to all current employees; (2) provide the notice at the time of hire; and (3) if applicable, provide the notice annually to the employee’s authorized representatives (i.e., union representative).
The Notice Includes the Following Protections:
Employees’ Right to Notice of Immigration Inspections (Cal. Labor Code § 90.2)
If an...
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