Employers Must Provide Employees with Notices Regarding Immigration-Related Rights

On February 1, 2026, California employers will be required to provide each employee with written notices that inform the employee of his or her workplace rights, labor protections, and immigration-related rights. Employers will need to provide this notice to each current employee, all new employees upon hire, annually to all employees, and to any exclusive collective bargaining representative.

The Labor Commissioner was expected to create a template by January 1, 2026 that employers would be able to refer to when drafting their own notices. This template is expected to be updated annually by the Labor Commissioner. Employers may want to review the Labor Commissioner’s template to ensure that their notice has all the following mandatory elements:

1) a description of the right to workers’ compensation benefits, including disability pay and medical care for work-related injuries or illness, and the contact information for the Division of Workers’ Compensation;

2) a description of the employee’s right to receive a notice of inspections by immigration agencies under existing law;

3) a description of protections against unfair immigration-related practices against a person exercising protected rights;

4) a description of the right to organize a union or engage in concerted activity in the workplace;

5) a description of the employee’s constitutional rights when interacting with law enforcement at work, including the employee’s right under the Fourth Amendment to the U.S. Constitution to be free from unreasonable searches and seizures and rights under the Fifth Amendment to the U.S. Constitution to due process and against self-incrimination;

6) a description of new legal developments regarding laws enforced by the Labor and Workforce Development Agency that the Labor Commissioner deems material and necessary; and

7) a list, created by the Labor Commissioner, of the enforcement agencies that may enforce the underlying rights in the notice.

To ensure strict compliance with the list above, employers should refer to the Labor Commissioner’s template, especially for sections 6 and 7.

Employers will need to deliver these notices to each of of their employees on a yearly basis through their customary communication methods so that it would be reasonable for the employee to receive the notice within one business day. These customary communication methods can include personal service, email, or text message. Likewise, these notices should be in the language the employer normally uses to communicate with the employee. Otherwise, the notice should be given in English. Currently, the Labor Commissioner is set to have notice templates in the following languages: Chinese, English, Hindi, Korean, Punjabi, Spanish, Tagalog, Urdu, and Vietnamese. Employers will need to keep records for three years indicating when each written notice was provided.

On or before July 1, 2026, the Labor Commissioner will create educational videos for employees and employers advising them of their rights and how to interact with law enforcement at the workplace. Initially, these videos will be available only in English and Spanish. Once the video is available, the link to the employee video can also be included in the employer’s notice to employees.

In addition, employers must give existing employees the chance to designate an emergency contact by March 30, 2026. Employers must collect this information for new hires at the time of hire. If an employee designates an emergency contact, the employer must notify that emergency contact if the employee is arrested or detained on their worksite. If the arrest or detention happens during work hours or during the employee performing his job duties, but not on the worksite, then the employer must notify the employee’s designated emergency contact only if the employer has actual knowledge of the employee’s arrest or detention. If an employer fails to comply with this rule regarding emergency contacts, the employer will be subject to a penalty of up to $500 per employee for each day the violation occurs up to a maximum of $10,000 per employee.

Finally, employers are prohibited from discharging, demoting, suspending, or otherwise discriminating or retaliating against employees for exercising their rights under this new law, filing complaints, or even cooperating in investigations. Employers in violation of this new law could face civil penalties of $500 per employee per violation.

Clearly, the new laws will cause employers to spend significantly more time on creating these notices, sending these notices, and record keeping. In addition, the repercussions for failing to comply with this new law is significant for employers. Thus, employers should be sure to comply and start off by doing the following:

1) Review the Labor Commissioner's template and deliver it to all employees before the initial deadline of February 1, 2026.

2) Put a process in place to be sure employees receive the notice annually thereafter and to ensure that all new hires receive the notice when they are hired. This process should also consider the most effective way to deliver the notice within the one business day requirement, and create an efficient way to document when such notices are sent and received. The employer is obligated to keep these records for three years.

3) Put in place a process for updating emergency contacts for all existing employees before the March 30, 2026 deadline and for all new hires as the are hired.

4) Train all HR, security, and supervisors to be well versed in notification, confidentiality, and anti-retaliation.

5) Include the Labor Commissioner’s educational videos in all employee training.

6) Ensure internal policies address law enforcement interactions at the workplace.

7) Ensure managers understand the employee’s constitutional rights.