Preparing for SB 294 Compliance in California’s Evolving Immigration Law
December 4, 2025
In a Perkins Coie article by Javier F. Garcia, KoKo Ye Huang, and Adan Weiner, the authors explain how California’s Workplace Know Your Rights Act (SB 294) creates new employer responsibilities tied to immigration law beginning in early 2026.
The overview highlights that planning ahead is essential because the legislation arrives during a period of heightened immigration enforcement. The statute expands the communication obligations employers owe workers and introduces structured procedures for handling law enforcement interactions in the workplace.
According to the authors, SB 294 requires the California labor commissioner to publish model notices and digital resources by January 1, 2026. Employers must distribute or post these notices annually, beginning no later than February 1, 2026.
The notices must describe employees’ right to receive advance notification when immigration enforcement agencies inspect Form I-9 or other employment records, protections against unfair immigration-related practices when workers exercise protected rights, and constitutional rights during law enforcement interactions. The notices must also include relevant legal developments that the labor commissioner deems material. Employers must provide these notices at hire and annually thereafter, using the same manner and language typically used for employment-related communications.
Separately, the authors describe a provision allowing employees to preauthorize the employer to contact a designated person if an employee is arrested or detained while working. Employers are required to implement systems to support these designations by March 30, 2026. SB 294 carries penalties of up to $500 per employee per day of noncompliance, capped at $10,000 per employee, and prohibits retaliation against employees who seek to enforce its requirements.
Employers should prepare internal systems early, train managers responsibly, and monitor updates as this immigration law moves toward enforcement.
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