Question: As a small business owner, I get overwhelmed by all the different notice and recordkeeping requirements that California law requires employers to follow. Are there any new requirements in 2026?
Answer: Yes, there are several new employer notice and record keeping requirements that become effective in 2026.
First, the Legislature passed the Workplace Know Your Rights Act, known as Senate Bill (“SB”) 294. Beginning on February 1, 2026, employers must provide each employee with a written notice that contains certain workers’ rights. Specifically, the notice must include information about workers’ compensation benefits, notice requirements related to workplace inspections by immigration agencies, protections against unfair immigration-related practices, the right to organize a union, and constitutional rights about interacting with law enforcement at the workplace. The California Labor Commissioner will post a template notice on its website by January 1, 2026.
Employers must provide this notice to employees in the manner that the employer normally uses to communicate employment-related information. Also, employers must provide a copy of notice to new employees upon hire and to the employee’s authorized representative, if any, electronically or by regular mail. Employers are also required to provide this notice to all current employees annually.
SB 294 also requires employers to provide employees with the opportunity to name an emergency contact at the time of hiring. Under SB 294, this emergency contact would be notified in the event the employee is arrested or detained by law enforcement at the worksite, during work hours or during the performance of job duties, but not on the worksite, if the employer had actual knowledge of the employee’s arrest or detention. The employer would then be required to notify the emergency contact of the employee’s arrest or detention. SB 294 also includes anti-retaliation provisions designed to protect employees who seek to exercise their rights under this law.
Regarding enforcement: The Labor Commissioner and public prosecutors are authorized to enforce SB 294 and seek injunctive relief and reasonable attorneys’ fees. Employers are also subject to a five hundred dollar fine per violation per day, up to a maximum of $10,000. However, SB 294’s requirements may be waived through a collective bargaining agreement.
Another bill, SB 513, has expanded the definition of what constitutes a “personnel record” that the employer is required to keep for current and former employees. Currently, Labor Code section 1198.5 requires employees to keep “personnel records” that the employer maintains which relate to the “employee’s performance or to any grievance concerning the employee.” The employer must keep these records and make them available for inspection and copying at the employee’s request.
Under SB 513, the “personnel records” of an employee now includes “education and training records.” The employer must make sure these records include (1) the employee’s name, (2) the name of the training provider, (3) the duration and date of the training, (4) the core competencies of the training, including required skills in equipment or software, and (5) the resulting certification or qualification. So, like other personnel records, employers must make these educational or training records available within 30 days of an employee’s written request.
California’s notice and record keeping requirements are increasingly complex and, if not followed, can lead to financial penalties and legal exposure. Employers with questions about these laws should consult with the labor counsel.