Distribute, document, repeat: Meeting California's new workplace mandate
Don’t wait for an audit or fine to become compliant with the state’s Workplace Know Your Rights Act.
In 2026, California employers were tasked with a new mandate.
All workplaces – including houses of worship, nonprofits and ministries – must distribute workers’ rights information and document their efforts. There is no religious exemption for this law.
The Workplace Know Your Rights Act, also known as CA SB 249, was enacted in 2025 with a “go” date of March 1, 2026. Organizations that have not complied are already behind. And this is more than a technicality: Hefty fines can be levied for noncompliance.
What’s required?
This law does not supersede or replace other workplace notification rules. It adds to them.
In its simplest form, The Workplace Know Your Rights Act requires:
Distribution of the “Know Your Rights” message to every employee.
Giving workers an opportunity to designate an emergency contact in the event they are arrested or detained.
Calling the emergency contact if the worker is apprehended.
Distributing the workers’ rights notice
Employers are required to inform workers of six protections. Fortunately, the state has created a document called “Know Your Rights” which satisfies its own demand.
This document must be distributed immediately to new hires and annually to all employees.
While the state has created Spanish and English versions, other languages may be necessary. “The written notice must be provided to all workers, regardless of their immigration status … in languages normally used at the workplace,” according to the California Department of Labor, which says it’s creating additional language versions.
The department also says it will provide educational videos for both employers and employees by July 1, 2026. These can be used to educate workers of their rights and to inform employers of their compliance responsibilities.
The “Know Your Rights” document informs employees of their protections, including:
Protection from retaliation
Protections against unfair immigration-related practices
Emergency contact notification
Union and group activity rights
Rights during law enforcement interactions
Workers’ compensation rights
Distribution is not enough
Not only must employers make “Know Your Rights” available to every worker, they must be able to prove they have done so. And they must be able to produce records going back at least three years [1]. Records should be maintained in case the state chooses to audit an organization’s labor practices (they are not needed for insurance purposes).
Posting the notice on a bulletin board is insufficient because it’s not intended to be a poster. Rather, employers must ensure that each worker:
Receives the notice
Acknowledges, in a documented format, that the notice has been delivered
Emergency contacts
Even if workplace hiring processes already include the designation of an emergency contact, this law requires redundancy and additional details.
The new requirement isn’t about letting a spouse know that an employee broke a wrist at work. Rather, it is “prompted in part by recent concerns over immigration enforcement and worksite detentions,” according Ryan Singh Malhan, employment litigator at Farella Braun + Martel [2].
Employers must offer each worker the opportunity to designate an emergency contact who should be notified if they are arrested or detained. Employees must also be able to update this information.
While nothing in the law compels employees to provide an emergency contact, the employer is required to ask.
As with the “Know Your Rights” document, all employer actions related to the emergency contact must be meticulously documented and preserved for at least three years.
Employers, however, aren’t merely collecting names and phone numbers. Crucially, if workers submit an emergency contact, the law mandates they must call the contact in the event of arrest or detainment.
There are costly penalties for noncompliance, with fines of up to $500 per day, per mandate.
Making it happen in your workplace
Although it may feel like a cumbersome addition to workplace compliance, the premise of the law is fairly straightforward:
Distribute the “Know Your Rights” document.
Make sure employees acknowledge they received it.
Record the acknowledgement.
Offer an opportunity for an emergency contact.
Document the employee’s preference.
Call the contact if the employee is arrested or detained.
However, making sure these things actually happen is another matter. A few questions can help bring clarity:
Could the workplace rights document and the emergency contact form be automatically included when someone is hired?
How can existing employees receive “Know Your Rights” and provide an emergency contact (if desired)?
What system or reminder can be put in place to make sure the workplace rights document is distributed annually?
Who will maintain the records associated with “Know Your Rights” and emergency contacts?
If an employee is arrested or detained, which staff member or leader will call the emergency contact?
All of these functions should be role-based instead of tied to specific personnel, because people come and go. These tasks should be a part of a job description or compliance checklist so that functions are not lost when jobs change hands.
This article is for educational purposes and should not be viewed as legal advice. For specific guidance, contact your attorney.
Additional resources
If you do not have legal counsel, Ministry Pacific partners with Ryan Abernethy of Weintraub Tobin.
For human resources guidance, we partner with:
Insurance to protect your nonprofit or faith-based workplace
Employment practices liability insurance
You don’t have to break employment law to be sued or accused of doing so. An employee may allege discrimination, harassment or unfair treatment even if none of these things actually occurred. Employment Practices Liability Insurance protects workplaces against claims made by current and former employees and job applicants who allege violations of their rights. This coverage protects organizations from litigation and judgements regarding how employees are hired, managed, disciplined or terminated.
If you’d like a free consultation regarding employment practices coverage, please contact us via our website or call 1.866.870.2700.
[1] This is not possible until 2029, when three years have lapsed since the effective date of the law.
[2] Daily Journal/Cal Lawyer: https://tinyurl.com/3kwk8b73