By March 30, 2026, all California employers are required to provide each employee with an opportunity to designate an emergency contact and to offer each employee the option to indicate whether that emergency contact should be notified by the employer in the event the employee is arrested or detained at work. For each employee who indicates that they want their emergency contact to be so notified, the employer must attempt to contact that emergency contact if the employer knows that the employee has in fact been arrested or detained by law enforcement at work. Failing to offer this option to employees or to notify the emergency contact as required will result in substantial potential liability. If you have not already done so, please be certain to notify each of your current employees of their right to identify an emergency contact and to indicate whether that individual should be notified if they are arrested or detained at work. If you need assistance with creating a form to do so, please contact NavBat right away. These forms should be included as part of your onboarding process for all new employees as well.
These requirements are part of the newly-enacted California Workplace Know Your Rights Act. The Act also requires all employers to provide employees with a stand-alone written notice outlining key workplace rights. This notice must be distributed annually to current employees by February 1st (and to new hires at the time of hire) using the employer’s usual method of communicating employment information, such as email, text, or in-person delivery.
If you have not already done so, it is also very important to provide the required written notice to all current and future employees. The Labor Commissioner has published a compliant model notice (available in multiple languages) that employers may use. You can access it here:
https://www.dir.ca.gov/dlse/Know-Your-Rights-Notice/Know-Your-Rights-Notice-English.pdf
Recommendations
- Distribute the notice immediately if not already done and incorporate it into onboarding.
- Provide a form to your employees so that they can designate an emergency contact.
- Update HR policies and emergency contact forms.
- Document compliance to avoid penalties of up to $500 per employee per violation (or $10,000 per employee for certain emergency-contact failures).
If you have any questions regarding the new law or any employment issues, please contact the attorneys at Navigato & Battin, LLP.