Governor Newsom Signs Two Employment Bills into Law

Personnel Records on Education and Training; ​Notice to Employees of Specified Constitutional Rights

• ​Personnel Records on Education and Training
  
  Governor Newsom signed Senate Bill 513 (Durazo), which deals with employment into records, into law.  
  
  Under existing law, current and former employees, or their representative, have the right to inspect and receive a copy of personnel records maintained by the employer relating to the employee’s performance or to any grievance concerning the employee. Furthermore, a employer is required to make the contents of those personnel records available for inspection, and is subject to criminal penalties for violations.
  
  Senate Bill 513 modifies this existing law by providing that personnel records subject to those existing requirements will now also include those relating to an employee’s education and training, and requires an employer who maintains education and training records to ensure those records include specified information.
  
  
• Notice to Employees of Specified Constitutional Rights
  
  ​Governor Newsom also signed Senate Bill 294 (Reyes), entitled the “Workplace Know Your Rights Act,” into law.  
  
  This legislation establishes the Division of Labor Standards Enforcement, headed by the Labor Commissioner, within the Department of Industrial Relations, for the purpose of enforcing labor laws. Existing law prescribes the duties and rights of employers and employees relating to specified labor laws, including, among other things, workers’ compensation and notice requirements related to inspections conducted by an immigration agency.
  
  Senate Bill 294 requires an employer, on or before February 1, 2026, and annually thereafter, to provide a stand-alone written notice to each current employee of specified workers’ rights, including, among other things, the categories described above, as well as constitutional rights of an employee when interacting with law enforcement at the workplace, as specified. The act also requires the employer provide the written notice to each new employee upon hire and provide the written notice annually to an employee’s authorized representative, if any.  
  
  This act further requires the Labor Commissioner to develop a template notice that an employer may use to comply with the notice requirement described above. The Labor Commissioner must post the template notice on its internet website on or before January 1, 2026, and post an updated template notice annually thereafter. The Labor Commissioner must also, on or before July 1, 2026, develop a video for employees advising them of their rights under the areas described above and develop a video for employers advising them of their rights and requirements under those areas, as provided. The Agricultural Labor Relations Board, the Public Employment Relations Board, and the Attorney General’s office all must provide specified input for the template notice and the videos.   
  
  This act requires an employer, if an employee has designated an emergency contact for this purpose, to notify the designated emergency contact if the employee is arrested or detained on their worksite. If the arrest or detention occurs during work hours, or during the performance of the employee’s job duties, but not on the worksite, the act requires the employer to notify the employee’s designated emergency contact only if the employer has actual knowledge of the arrest or detention of the employee. An employer must provide an employee the opportunity to name an emergency contact on or before March 30, 2026, for an existing employee, and at the time of hiring for a new employee hired after March 30, 2026. 
  
  This act prohibits an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against an employee for exercising or attempting to exercise their rights under the bill.  
  
  The Labor Commissioner is authorized to enforce the new law, and alternatively authorizes enforcement by a public prosecutor. The act provides that an employer who violates the new provisions may be subject to a penalty of up to $500 per employee for each violation, except that the penalty for a violation of the provisions relating to emergency contacts is an amount up to $500 per employee for each day the violation occurs, up to a maximum of $10,000 per employee.