New Workplace Right: Emergency Contact Notification 

As part of AgSafe’s Weekly Compliance Series, we’re highlighting an important new California workplace requirement under the Workplace Know Your Rights Act (SB 294). 

Effective Requirement 

California employers must inform employees of their right to designate an emergency contact who will be notified in the event of an emergency, including if the employee is detained or arrested during work hours. 

What’s Important to Understand 

The emergency contact required under this law is not the same as a medical emergency contact. 

In cases involving detainment or arrest, employees often designate: 

• An attorney 

• A law firm 

• A legal representative or advocacy organization 

This contact may not be a family member or medical decision-maker. Employers should not restrict emergency contact designations to next of kin only. Limiting who an employee may designate can result in noncompliance, even if an emergency contact form already exists. 

Key Deadlines Employers Need to Know 

February 1, 2026 

• California employers must provide every current employee with a stand-alone, written “Know Your Rights” notice that includes information about emergency contact rights and other workplace protections. 

• This notice must also be provided to new hires at onboarding and annually thereafter. 

Tip: Use the California Labor Commissioner’s template notice (available on the DIR website). 

March 30, 2026 

• Employers must allow employees to designate an emergency contact and indicate whether that contact should be notified if the employee is arrested or detained at work or during work hours, including during offsite job duties (if the employer has actual knowledge). 

• Employers must also provide this opportunity to new hires after this date and allow updates throughout employment. 

No one-time filing or submission with the state is required. These are ongoing compliance obligations tied to employee onboarding and personnel records. 

Enforcement & Penalties 

Enforcing Agency:
The California Labor Commissioner’s Office, within the Department of Industrial Relations (DIR), oversees compliance with the notice and emergency contact requirements. 

Penalties for Noncompliance: 

• Failure to provide the required written employee notice may result in civil penalties of up to $500 per employee. 

• Emergency contact violations may result in penalties of up to $500 per employee per day after March 30, 2026, up to a $10,000 maximum per employee. 

What This Means for Your HR Process 

✔ Update onboarding forms to include emergency contact designation and opt-in to notification for detainment or arrest
✔ Distribute the Labor Commissioner’s notice by February 1, 2026, in the language normally used with employees, and retain records for at least three years
✔ Allow employees to update their emergency contact information at any time 

Helpful Resources 

•  California DIR – Workplace Know Your Rights Act information
  Available here: https://www.dir.ca.gov/DIRNews/2026/2026-14.html 
•  Labor Commissioner’s Template “Know Your Rights” Notice
  Available here:  California Department of Industrial Relations website 

Clear, compliant communication protects employees’ rights and helps safeguard your organization’s operations.
If you need help updating forms or training staff, contact AgSafe at safeinfo@agsafe.org or (209) 526-4400.