Workplace Know Your Rights

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In 2026, Senate Bill 294 (SB 294), also known as the California Workplace Know Your Rights Act, was established as law. This law establishes new employer notice and communication requirements to ensure employees are informed of their workplace and constitutional rights.

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As a worker in California, you are entitled to know and exercise your workplace and constitutional rights. Labor laws, including but not limited to standards for wages, hours, and health and safety, apply to all workers in the state regardless of immigration status.

It is against the law for your employer to retaliate against you for exercising your rights, including:

  • Filing a complaint with the Labor Commissioner, Cal/OSHA, the Civil Rights Department, or another government agency.
  • Asking about your employer's compliance with federal, state or local law.
  • Talking with others about their rights or helping them exercise their rights under federal, state or local law.

Examples of illegal retaliation include firing you, reducing your work hours or threatening to report you or a relative to immigration authorities because you exercised your rights.

Workplace Protections Related To Immigration Status

Notice of Immigration Inspections

Labor Code § 90.2
If your employer receives notice of an upcoming immigration agency's inspection of I-9 Eligibility 
Verification forms or other employment records, your employer must post a notice informing workers and their union representative, if applicable, within 72 hours of receiving that notice.

Unfair Immigration-Related Practices

Labor Code §§ 1019-1019.2
Under California law, it is unlawful for employers to retaliate against you or threaten immigration-related action when you exercise your rights. An employer is prohibited from taking any of the following actions because you exercised your rights:

  • Refusing to accept identification documents during the I-9 process (proof of ID and federal permission to work) that appear to be genuine.
  • Using E-Verify in a way that is not required or authorized by law.
    • Example: Using E-Verify to reverify employment eligibility for an employee when note legally required to do so or screening on specific workers rather than all workers in a workplace without a legitimate basis for doing so.
  • Reporting or threatening to report you or your family to immigration authorities.
  • Filing or threatening to file any false report to the police or a state or federal agency.

Designating an Emergency Contact

Labor Code § 1555
Your employer must allow you to provide them with emergency contact information and to indicate if you want the emergency contact to be notified if you are arrested or detained at work. If you are arrested or detained at work and your employer has knowledge of it, they must notify our designated emergency contact if you choose that option.

Workplace Right to Organize a Union or Engage in Protected Activities

Most employees in California have the right to organize, join, or participate in union activities. Employees also have the right to jointly act with co-workers to address work-related issues and concerns to improve working conditions or for the purpose of collective bargaining. This means you have the right to join with coworkers to request better working conditions or raise work-related concerns, including about wages, hours, health and safety, and other terms of employment. You also have the right to not participate in union activities or protected activities. It is illegal for your employer to:

  • Interfere with or discourage your union activity or protected activities.
  • Threaten you, or retaliate or discriminate against you, because of your union support or protected activities.

Workers' Compensation

You have the right to workers’ compensation benefits if you are injured or become ill because of your job. The benefits provide you with medical care for your injury/illness, partially replace the wages you lose while you are recovering, and help you return to work. 

NOCCCD Workers' Compensation Division of Workers' Compensation 

Workplace Rights When Interacting With Law Enforcement, Including Immigration Agents

California workers have certain rights and protections under the U.S. Constitution, regardless of their immigration status, including when law enforcement (including a federal immigration agent) approaches you. In addition, under California law, state and local law enforcement cannot assist federal agencies such as ICE with immigration enforcement in most circumstances.

U.S. Constitution, 4th Amendment
If law enforcement, including immigration agents, ask if they can search you or your personal belongings, unless they have a judicial warrant specifically authorizing a search of your person or your personal belongings, you have the right to say no. 

If the officer conducts the search, even if you say no – remain calm. Do not physically resist, and do not run.

Law enforcement can enter public areas without a warrant. Public areas of a workplace may include:

  • Lobbies
  • Waiting rooms
  • Public dining areas
  • Parking lots

In most circumstances, law enforcement needs a judicial warrant, signed by a judge, to enter non-public areas of your workplace without consent. Non-public areas may include a breakroom, employee restroom, workspace, or any area marked as employees only. Administrative forms, such as an I-200 or I-205, are not a judicial warrant.

In California, your employer is prohibited from providing voluntary consent to an immigration enforcement agent to enter non-public areas of the workplace. Without a judicial warrant, your employer must refuse entry to immigration enforcement to non-public areas of the workplace.

More detailed information can be found in the DOJ’s and LCO’s joint Immigrant Worker Protection Act FAQ.

U.S. Constitution, 4th Amendment
You are protected against unreasonable seizures, which includes detaining or arresting you. Law enforcement must have a reasonable suspicion of wrongdoing before they can stop and question or search you. You can ask “Am I being detained?” or “Am I free to leave?” if the officer says that you are not being detained or you are free to leave, then you can walk away calmly.

An arrest requires probable cause and occurs when a person is taken into custody by law enforcement officers. Law enforcement agents do not need a judge-signed warrant to arrest someone in public. 

You have the right to speak to a lawyer if you are arrested. You may be pressured to sign documents. You do not have to sign anything without speaking to an attorney.

U.S. Constitution, 5th Amendment
Anything you say to law enforcement officers can be used against you in court. You have the right to remain silent, even if you are asked about your immigration status. 

If you wish to remain silent, clearly state so. Request to speak with an attorney and then remain silent. Do not provide false information, false identification, or false documents to an officer. Providing false documents is a federal offense and may carry severe immigration consequences for noncitizens.

U.S. Constitution, 1st Amendment
The public has the right to observe and record officers and government officials carrying out their duties in public. If you choose to record, you should stand a safe distance away and do not interfere with the officer’s actions. Physical obstruction or verbal escalation can put your safety at risk and may lead to criminal charges.

Rights Violation Resources

If you believe your rights have been violated, below is a list of government agencies where you can seek assistance.

California Labor Commissioner's Office (LCO)
Information: (833) LCO-INFO (833-526-4636)
Immigration helpline: (855) 526-775

California Division of Occupational Safety and Health (Cal/OSHA)
(833) 579-0927

California Division of Workers Compensation (DWC)
(800) 736-7401

California Attorney General (AG)
(800) 952-5225

California Civil Rights Department (CRD)
(800) 884-`684

California Agricultural Employees
Agricultural Labor Relations Board (ALRB)
(800) 449-3699

California Public Sector Employees and Transportation Network Company Drivers
Public Employment Relations Board (PERB)
(916) 322-3198

Private Sector Employees
National Labor Relations Board (NLRB)
(844) 762-6572

Federal Employees
U.S. Federal Labor Relations Authority (FLRA)
(771) 444-5801

Railway and Airline Employees
National Mediation Board (NMB)
(202) 692-5000

You may also contact a nonprofit legal or community-based organization for assistance. For a list of organizations that partner with state agencies to help workers to understand their rights, visit Nonprofit Legal & Community-Based Organizations Serving Workers of the CA Labor Commissioner's Office