You’ve been treated unfairly at work, and you’re not sure where you stand. Maybe your employer violated your rights, or you’re afraid to speak up because retaliation feels inevitable. That’s where the California Workplace Know Your Rights Act (SB 294) comes in – but understanding what it actually does for you isn’t always straightforward.

Here’s the thing: SB 294 was designed to put power back in your hands by ensuring you know what protections you have. And the attorneys at Kramer Brown Hui LLP can walk you through exactly how to use these rights when your workplace isn’t playing fair.

Key Takeaways

• California employers must provide annual “Know Your Rights” notices to all employees starting February 1, 2026, covering critical workplace protections including search and seizure rights
• You have the right to refuse consent to immigration enforcement searches without a judicial warrant in non-public workplace areas
• Employers cannot retaliate against you for exercising your rights under SB 294, including threats related to immigration status
• The law requires notices in English and other languages depending on how your employer normally communicates with employees
• You maintain your 5th Amendment rights at work – you can remain silent and request to speak with a lawyer during workplace enforcement actions

Understanding the California Workplace Know Your Rights Act

SB 294 was signed into law and takes effect with staggered dates, with primary employer notice requirements beginning February 1, 2026. The California Workplace Know Your Rights Act is probably one of the most significant workplace protection laws you’ll see in recent years.

Here’s what happens: your employer now has a legal obligation to inform you annually about specific workplace rights, particularly around immigration enforcement and unlawful searches.

The thing is, this law came about because there was a real gap in knowledge. Workers didn’t know what they could refuse, what they had to allow, and when they could speak up.

SB 294 creates mandatory notice requirements for California employers (doesn’t matter if you’re in a tiny shop or massive corporation), and these notices aren’t just about checking a compliance box. They’re designed to level the playing field when immigration agents or other law enforcement show up at work. The California Department of Industrial Relations oversees compliance, and they’re not playing around with enforcement.

Your Rights Under SB 294: What Employees Need to Know

Now here’s where it gets interesting.

Under SB 294, you get specific protections that go beyond what most people think “workplace rights” means. First off, you have the right to receive written notice about your protections against unauthorized searches and seizures at work – and the notice may not be buried in your employee handbook. Your employer must provide this annually, as well as when you’re first hired.

The law guarantees you can:

• Refuse consent to enter non-public areas without a judicial warrant
• Remain silent if questioned by immigration enforcement
• Request to speak with a lawyer before answering questions
• Receive notice if your employer gets an immigration inspection notice

And no, your employer can’t just ignore this because it’s inconvenient. The U.S. Department of Labor has made it clear that state-level protections like these work alongside federal labor standards, creating multiple layers of worker protection. Your employer faces actual penalties for non-compliance, which means they have serious incentive to follow through.

Mandatory Employee Notices: What to Expect

Here’s the deal with notices.

Your employer must give you a written notice that explains your rights in clear language—not legal jargon; not buried in fine print. The California Labor Commissioner’s Office provides templates, but the key requirements are non-negotiable: annual distribution to all employees, immediate distribution to new hires, and translation into appropriate languages.

Language matters here. The notice must be provided in the language the employer normally uses to communicate employment-related information to an employee and which the employee understands, if the template notice is available in that language on the Labor Commissioner’s website. Otherwise, the notice may be provided in English.

The timeline is strict. New hires get the notice immediately. Current employees get it annually. If your employer misses this, they’re looking at penalties that start at $500 per employee per violation and can go much higher for willful or repeated failures.

Protecting Your Workplace Rights Against Searches and Seizures

Non-public areas.

That’s the critical phrase here. The law draws a sharp line between areas the public can access (like a retail floor or restaurant dining room) and employee-only spaces like break rooms, offices, or production areas. Immigration enforcement or other agents cannot enter non-public areas without a judicial warrant – not just any warrant, but one signed by a judge.

Now here’s where people get confused, and it’s not your fault because there’s been so much misinformation floating around about what law enforcement can and cannot do in workplaces, but the reality under SB 294 is pretty straightforward: if agents show up without a proper judicial warrant, your employer must deny access to non-public areas, and you personally have the right to refuse consent to any search of your person or belongings.

Your 5th Amendment rights don’t disappear when you clock in. You can remain silent. You can ask for a lawyer. You can refuse to answer questions about your immigration status or where you were born. The American Civil Liberties Union has documented countless situations where workers didn’t know they had these rights and faced unnecessary intimidation as a result.

Immigration-Related Workplace Rights and Protections

Look, immigrant workers face unique challenges.

SB 294 specifically addresses these because the legislature recognized that fear of deportation was being weaponized against workers. Under this law, if your employer receives a Notice of Inspection from immigration authorities, they must notify you and other employees within 72 hours—not quietly handle it, not keep it secret, but notify you.

Here’s what you’re protected against:

• Employer threats about calling immigration enforcement
• Retaliation for refusing to answer immigration-related questions
• Discrimination based on citizenship status
• Punishment for exercising your rights under this law

The law also requires employers to get voluntary consent before allowing immigration enforcement into non-public areas (which basically means they need a warrant because smart employers aren’t going to just “consent” and open themselves to liability). Immigration and Customs Enforcement has its own policies about workplace enforcement, but SB 294 adds a state-level layer of protection that gives you concrete rights regardless of federal enforcement priorities.

And this matters because – I can’t stress this enough – your immigration status doesn’t erase your workplace rights. Undocumented workers still have protection under California labor laws. They still have the right to minimum wage, to safe working conditions, and to organize, among others. SB 294 reinforces that you can assert these rights without fear of immigration retaliation.

Dealing with Employer Retaliation and Threats

Retaliation is illegal. Period.

But it still happens, which is why SB 294 includes specific anti-retaliation provisions. If you exercise any right under this law and your employer responds by cutting your hours, demoting you, threatening to report you to immigration, or firing you, that’s likely retaliation (and there are remedies available through the National Labor Relations Board and California state agencies).

Many employer threats often involve immigration status. “If you don’t do X, I’ll call ICE.” “If you complain about wages, I’ll report your whole family.” These aren’t just morally wrong; they’re violations of multiple laws including SB 294.

What constitutes illegal retaliation under this law:

• Adverse employment actions after you assert your rights
• Threats related to immigration enforcement
• Discrimination for refusing consent to warrantless searches
• Intimidation for requesting the Know Your Rights notice

If you face this, document everything. Dates, times, witnesses, exact words used. File a complaint with the California Labor Commissioner. Contact a workers’ rights organization. Don’t just suffer in silence because you’re afraid – the law is specifically designed to protect you in these exact situations, and enforcement agencies actually want to know when employers violate it because that’s how they build cases and change behavior across entire industries.

Frequently Asked Questions About SB 294

What is the purpose of the California Workplace Know Your Rights Act (SB 294)?

It aims to give workers the actual information they need when law enforcement or immigration officials show up at work. SB 294 makes sure employers hand out notices explaining your rights – like refusing warrantless searches and getting legal help – so you’re not caught off guard and potentially coerced into giving up protections you didn’t know you had.

How does SB 294 impact employee rights regarding searches and seizures?

You have the right to say no to searches without a warrant. Period.

What notices are employers required to provide under SB 294?

There are two kinds of required notices: one when you’re hired and then annual updates after that. The notices must include information about your 5th Amendment rights, what to do during immigration enforcement, and that your employer can’t retaliate against you. They must be in your language too, not just English.

How can I report employer retaliation if I exercise my rights under SB 294?

File a complaint with the California Labor Commissioner’s Office. They handle retaliation cases and you’ll want to document everything – texts, emails, witness names, dates. The more proof you have, the stronger your case gets.

What protections do immigrant workers have under SB 294?

Immigrant workers in California have the same protections as everyone else; additionally, your employer can’t threaten to call immigration on you or use your status to intimidate you into staying quiet. That’s illegal retaliation and they can face serious penalties for it.

What should employees do if immigration agents enter their workplace?

It depends on what they’re doing, but you can stay silent and ask for a lawyer. Don’t lie; don’t show fake documents; don’t sign anything you don’t understand. If they don’t have a warrant, your employer shouldn’t be letting them into non-public areas anyway.

Are there penalties for employers who fail to comply with SB 294?

Yes, there are specific penalties written into SB 294. Employers who fail to comply may face civil penalties of up to $500 per employee per violation. For violations of the 72-hour notification requirement when immigration authorities issue a Notice of Inspection, penalties can be up to $500 per employee per day, with a maximum of $10,000 per employee.

Kramer Brown Hui LLP: Your California Employment Law Firm

SB 294 isn’t going away and employers are watching who knows their rights. We’ve seen too many workers miss opportunities to assert protections simply because they didn’t act quickly enough. Understanding these rights is one thing – actually using them when you need to is something else entirely.

And timing matters here. If you’re dealing with workplace violations or just want to ensure you’re protected under the new requirements, don’t wait until things escalate. Contact our firm today. We’ll review your situation, explain what SB 294 means for your specific case, and help you take the right steps forward.

California Workplace Discrimination Resources:

• California Time Clock Rounding Laws [2026 Explained]
• Workplace Retaliation: How Does the False Claims Act (Qui Tam) Protect Me?
• Service Animals at Workplace in California: Know Your Rights