For 2026, California has enacted the Workplace Know Your Rights Act (“Act”), codified at California Labor Code §§ 1550 through 1559, that creates new requirements for employers. One of those new requirements, with a looming deadline of March 30, 2026, includes a new rule around the designation of an employee’s emergency contact.
Emergency Contact Designation Requirement
Under the Act, in § 1553, an employer must allow its employees to designate an emergency contact by March 30, 2026. However, it does not end there. Even if an employer already gives employees the option to designate an emergency contact, employees must now be given the option to choose whether their emergency contact is notified when:
• The employee is arrested or detained at the worksite; or
• The employee is arrested or detained during work hours even if it occurs away from the worksite.
Employees must also be allowed to update this information at any time for the duration of their employment. New employees must be provided the opportunity, at the time of hiring, to designate an emergency contact and choose whether that contact is notified within those specific circumstances.
Annual Reminder Notices
The Act also requires employers to issue annual standalone reminders directly to employees in addition to posting notices at the workplace. In Release Number: 2026-14, the Department of Industrial Relations provided guidance as to what should be included in that annual notice. That annual notice must include a description of employee rights related to:
• Protection from retaliation
• Protection against unfair immigration related practices
• Emergency contact notification
• Union and group activity rights
• Rights during law enforcement interactions
• Workers’ compensation rights and
• Other new employment laws
Notices must still be posted in the workplace but now must also be sent directly to employees through “common methods such as email, text message or in person, in languages normally used at the workplace.” The expectation is that the notice be delivered directly to employees within one day of being sent.
A California employer should maintain a robust recordkeeping system documenting distribution of these notices to reduce potential liability under the Act
Recommended Employer Action Steps
1. Post workplace notices informing employees of their rights under the Workplace Know Your Rights Act.
2. Provide notice to all employees by March 30, 2026 of their right to designate an emergency contact and to determine whether that contact should be notified if the employee is arrested or detained at the worksite or during work hours.
3. Implement a notification system capable of distributing annual notices and tracking delivery to employees. Employers may wish to take this opportunity to confirm that employee contact information is current.
4. Prepare annual reminder notices addressing the rights enumerated in the Act and ensure they are distributed before February 1 of each year.
The St. Louis employment attorneys at McMahon Berger have been representing employers across the country in labor and employment matters for over sixty years and are available to discuss these issues and others. As always, the foregoing is for informational purposes only and does not constitute legal advice regarding any particular situation as every situation must be evaluated on its own facts. The choice of a lawyer is an important decision and should not be based solely on advertisements.
