The California Workplace Know Your Rights Act: Countdown to Compliance

Starting February 1, employers must provide stand-alone annual notices of workers’ rights to employees and new hires and will face enforcement and penalties for noncompliance.

Employer Notice Obligations Under the Act

Effective February 1, and annually thereafter, employers must provide a stand-alone written notice to each current employee, as well as to new hires upon commencement of employment. The notice must also be provided annually to an employee’s authorized representative, if any.

The required notice must describe workers’ rights in the following areas:

• Workers’ compensation benefits, including disability pay and medical care for work-related injuries or illness, and contact information for the Division of Workers’ Compensation.

• Immigration protections, including notice of inspection by immigration agencies and protection against unfair immigration-related practices when exercising protected rights.

• Right to organize, including the right to organize a union or engage in concerted activity in the workplace.

• Constitutional rights when interacting with law enforcement at the workplace, including protections under the Fourth Amendment right to be free from unreasonable searches and seizures and the Fifth Amendment right of due process and against self-incrimination.

The notice must also include descriptions of new legal developments deemed material by the Labor Commissioner and a list of enforcement agencies relevant to the rights described.

The Labor Commission’s Template Notices

The Labor Commissioner has developed template notices in English and Spanish that can be used by employers.

Importantly, notices must be provided in (1) the language the employer typically uses to communicate employment information, and (2) a language the employee understands, provided a template notice is available in that language on the Labor Commissioner’s website. If no template is available in the employee’s language, the notice may be provided in English.

By July 1, the Labor Commissioner, with the input of the Agricultural Labor Relations Board, Public Employment Relations Board, and Attorney General’s office, is required to develop and post educational videos for both employees and employers, advising them of their respective rights and obligations under the Act.

Employer Record Keeping Obligations

Employers are required to keep records of compliance with the requirements of this section for three years, including the date that each written notice is provided to the employee.

The Emergency Contact Notification

The statute requires employers to provide the opportunity to employees to designate an emergency contact to be notified in the event of arrest or detention at the worksite. For existing employees, the opportunity to designate an emergency contact must be provided to employees by March 30; for new hires, at the time of hiring after that date. If an arrest or detention occurs during work hours or in the course of job duties but not on the worksite, notification to the employee emergency contact is required only if the employer has actual knowledge of the event.

The Collective Bargaining Agreement Exception

The Act allows for collective bargaining agreements to waive its requirements, in whole or in part, provided the waiver is explicit and unambiguous.

Enforcement and Penalties

Employers are prohibited from discharging, threatening, demoting, suspending, or otherwise discriminating or retaliating against employees for exercising rights under the Act, filing complaints, cooperating in investigations, or assisting in enforcement.

The Labor Commissioner is authorized to enforce the Act, including investigating violations and ordering temporary relief. Public prosecutors may also enforce the Act. Penalties for violations are set at up to $500 per employee per violation. For violations related to emergency contact notification, penalties may reach $500 per employee per day, up to a maximum of $10,000 per employee.

Takeaways

The Workplace Know Your Rights Act establishes comprehensive notice, education, and enforcement requirements designed to ensure California employees are informed of their rights and protected from retaliation. Employers should review their internal policies and procedures to ensure compliance with the new obligations and deadlines set forth in the Act.

For any questions about this update employee handbooks, policies, or procedures generally, please contact your ArentFox Schiff Labor, Employment & OSHA attorney.