The Workplace Know Your Rights Act (Senate Bill 294, or SB 294) creates new requirements for California employers to notify employees about certain workplace rights and emergency contact procedures. With compliance deadlines coming up in February and March 2026, many public employers are asking an important question: does this law even apply to public entities?

SB 294 directs employers to provide a workplace rights notice, requires the Labor Commissioner to publish a model notice, and authorizes enforcement by the Labor Commissioner’s Office. What the law does not do, however, is define the term “employer” or clearly state whether public entities are covered.

That omission matters. In Stone v. Alameda Health System (2024) 16 Cal.5th 1040, the California Supreme Court reinforced the principle that Labor Code provisions generally do not apply to public entities unless the Legislature clearly says so. The Court emphasized that when lawmakers want to include public entities, they know how to do so, and generally must do so explicitly. A more recent Court of Appeal decision (Krug v. Board of Trustees (2025) 110 Cal.App.5th 234) also reiterated this rule, holding that a different section of the Labor Code also does not apply to public entities, because it does not specifically mention them as covered employers.

So where does that leave SB 294? Based on the statute alone, there’s a strong argument along the same lines that there is no language indicating the Legislature intended the law to apply to public employers.

But there’s an important twist.

The Labor Commissioner’s Office has now released the required model notice, and it includes references to the Public Employment Relations Board (PERB) as an agency that accepts complaints from “California public sector employees.” That inclusion strongly suggests the Labor Commissioner interprets SB 294 as applying to public sector workplaces. While this interpretation is not binding, it is hard to ignore. Until there’s further clarification from the courts or the Legislature, public employers would be well advised to go ahead and comply with SB 294, especially because of the relatively low cost and administrative burden involved.

What Public Employers Should Do Now

Workplace Rights Notice

  • By February 1, 2026: Provide employees with the SB 294 workplace rights notice. The Labor Commissioner’s model notice may be used.
  • The notice must be a stand-alone written notice (i.e., not embedded in another document such as a handbook).
  • The notice must be provided in a manner the employer normally uses to communicate employment-related information. Acceptable methods may include personal service, email, or text message, so long as it can reasonably be anticipated that the notice will be received by the employee within one business day of sending.
  • Provide the notice in a language normally used to communicate with employees and that they understand (currently available in English and Spanish).
  • After February 1, 2026, distribute the notice:
    • Annually to all employees;
    • To new employees upon hire;
    • Annually to employee organizations or unions, where applicable.

Emergency Contact Requirements

  • SB 294 also requires employers to notify an employee’s designated emergency contact if the employee is arrested or detained at the worksite, or offsite during work hours, when the employer has actual knowledge of the arrest or detention and the employee has indicated that they would like their emergency contact to be notified.
  • By March 30, 2026: Employers must give employees the opportunity to update emergency contact information and indicate whether they want this type of notification to occur.

Practical Tip: Now is a good time to review onboarding processes, annual notice workflows, and emergency contact forms to make sure SB 294 requirements are built in.

If you have questions about SB 294 or how it may affect your agency, please contact Katie Mola at kmola@prismrisk.gov or Patrick Sutton at psutton@prismrisk.gov