Kim’s Message: New Responsibilities If Employees are Arrested at Work

You’ve heard the saying, “Plan for the worst and hope for the best.” With immigration enforcement issues escalating across the country right now, California is helping employers put a plan in place if any of your employees are arrested or detained while working. The “Workplace Know Your Rights Act” (SB 294) requires all California employers to distribute two new forms to all employees by February 1 and March 30.

Sample Scenarios:

• Let’s say I work for you from my home office. During the workday, I step out to make a trip to the grocery store, where protestors have gathered out front. I stop to chat with a few protestors, and before I leave, ICE or law enforcement shows up and I end up being detained or getting arrested.  Or,
• Perhaps you own a landscaping business. One day ICE shows up and arrests your employees, including me.

Businesses large and small, in nearly every industry, are seeing ICE raids. Regardless of the scenario and regardless of whether I am a legal US citizen, if you were my employer would you know what to do once you’ve been made aware of my arrest? If not, read below—we’ve got you covered.

Key Actions for California Employers under SB 294

1. By February 1, 2026: Distribute the Labor Commissioner’s new stand-alone Workplace Know Your Rights Notice to all current employees and any authorized representatives. It is currently available in both English and Spanish. This notice informs employees of specific workplace rights, such as retaliation, immigration status, interactions with law enforcement, union activity, Constitutional rights, and workers’ compensation.

• This sample notice is five pages long and covers all required topics under the new law.
• You can distribute the notice personally, via email, or text message.
• You must keep a record of the dates you sent this notice to your employees, for three years, and
• Distribute this notice annually to all of your employees and to all new employees when hired.

2. By March 30, 2026: Distribute an emergency contact form to all current employees, which gives direction to you, the employer, on who to notify if the employee is arrested or detained while working. You must also give this form to new hires.

• Do not assume your emergency contact form already on file is sufficient—the new contact form must specifically reference arrests/detentions.
• You can create this form on your own or use CEA’s sample form here.
• Fines can reach up to $10,000 for failure to follow this procedure, per violation.

3. After an Employee’s Arrest: If an employee is arrested on or off the worksite, during work hours or while working, verify if the employee has a designated emergency contact for this purpose and inform the contact immediately (assuming you are aware of the event).

• Gather Facts: To the best of your ability, investigate the circumstances of the arrest to determine if it affects the employee's ability to perform job duties or violates company policy.
  Note: Remember that political activities and affiliation are protected in California, as long as the employee’s activities do not interfere with work. For example, an employee may be disciplined for skipping work to attend a protest.
• Consider Leave: Placing the employee on paid or unpaid leave allows time for the legal process to unfold before making any employment decisions.
• Consult Counsel: Contact employment counsel to navigate potential anti-discrimination issues and ensure compliance with state and federal laws.

After meeting the initial deadlines this year, set up reminders on your calendars for 2027 and update your new hire orientation paperwork to include these new forms. We are getting more calls and questions from members daily when it comes to immigration issues. We hope this information gives you the confidence to know what to do if one of your employees is arrested or detained. For more information on immigration issues and trends, register now for a free webinar on February 26 with our immigration attorney partners, Jennifer Grady and Thomas Baker.