Beginning February 1, 2026, California employers will be required to provide written notice of workers’ rights to each new employee upon hire, with delivery to all current employees on an annual basis. The stated purpose of the notice is to ensure California workers understand their rights as workers as well as their constitutional rights
What must be included in the California workers’ rights notice
The content of the notice shall include information about constitutional protections, labor protections and employee’s rights under immigration laws so that they may be informed before interacting with law enforcement and be made aware of certain actions affecting the employer such as I-9 inspections. The California Labor Commissioner is tasked with developing a video by July 1, 2026, and template notice to be released not later than January 1, 2026, which will set forth the suggested language for compliance.
Specifically, the notice will cover:
- Workers’ compensation rights (including Division of Workers’ Compensation contact information).
- Notice of immigration agency inspections (Labor Code 90.2(a)).
- Protection against unfair immigration‑related practices when exercising protected rights.
- The right to organize a union or engage in concerted activity.
- Constitutional rights at the workplace when interacting with law enforcement (Fourth and Fifth Amendment rights).
- A description of new legal developments identified by the Labor Commissioner and a list of enforcement agencies included in the Commissioner’s template.
How and when to distribute the California workers’ right notice
Notices must be published to all employees and new hires beginning February 1, 2026, and on an annual basis thereafter. The notice should be published in the language the employer typically uses to communicate with the workforce and should be plainly written.
Notices should be provided in a stand-alone format – inclusion in an employee handbook is not sufficient for purposes of compliance. In addition to each new hire and all current employees annually, employers must provide the notice annually to the employee’s authorized representative (if any) by electronic or regular mail.
The law also requires Employers to permit employees to designate an emergency contact to be notified in the event an employee is arrested or detained at work. This requirement must be implemented for all current employees by March 30, 2026.
Employers who fail to comply with the notice requirement is subject to imposition of a civil penalty of up to $500 per employee for each violation, capped at $10,000 per employee. The law also carries a prohibition on retaliation for those who seek to use it or otherwise enforce it.
Emergency contact notification protocol
California employers should also develop an emergency contact notification protocol. They should train supervisors on the same, in addition to collecting and storing each employee’s emergency contact designation and related information. California employers should be certain to execute the emergency contact process on or before March 30, 2026, considering how they might handle individuals who have no ability or desire to name an emergency contact on or before that date.
Next steps for California employers
California employers should closely monitor the California Labor Commissioner’s website to obtain a copy of the notice template and be certain that they have begun mapping out the content and delivery process before the February 1, 2026, deadline.
If you have any questions, please contact your Dentons US immigration attorney.
