New 2026 Mandate: CA Emergency Contact Forms Need a High-Priority Update

If you are a California employer, you are likely used to an ongoing stream of new compliance requirements. However, The Workplace Know Your Rights Act has introduced a requirement for 2026 that goes beyond standard safety protocols: The Arrest & Detention Notification.

By March 30, 2026, every employer in California must provide their employees with the opportunity to designate an emergency contact specifically for situations where they are arrested or detained during work hours.

To do this with as little disruption to your business as possible, we’ve drafted a straightforward text you can populate in a company branded document, or build into your selected HR system to ensure you capture the required information by the end of the month.

What is the New Requirement?

Employers are now legally required to give employees a choice. It isn't just about having a name on file; it’s about a specific authorization. You must allow employees to do the following:

• Designate a contact person.

• Explicitly indicate whether they want that person notified if they are arrested or detained while on the job.

As an employer, you are required to reach out to that designated contact if:

• The arrest or detention happens at the worksite.

• The arrest or detention happens off-site during work hours (e.g., while a driver is on a route), but only if you have "actual knowledge" that it occurred.

Why the Deadline Matters

The California Labor Commissioner is authorized to impose significant fines for non-compliance:

• The Fine: Up to $500 per employee, per day that the violation continues.

• The Cap: Penalties can reach a maximum of $10,000 per employee.

For a small business with just 10 employees, an oversight here could technically lead to a six-figure liability. For more information on this requirement, visit the CA Department of Industrial Relations.

Action Plan for Businesses

To ensure you are compliant by the March 30th deadline, we recommend taking the following three steps immediately:

• Update Your Forms: Don’t just rely on your old "In Case of Emergency" (ICE) forms. Add a specific checkbox or section that asks: "In the event of an arrest or detention during work hours, do you authorize the company to notify your emergency contact?"

• Document the Request: You are required to keep records of these notices for three years. Ensure you have a digital or physical paper trail showing you gave every employee the opportunity to opt-in or opt-out.

• Train Your Managers: If an arrest happens on-site, it is often a chaotic and sensitive situation. Ensure your supervisors and HR team know exactly where to find these designations and who is responsible for making the call.

This law is part of a larger 2026 push to ensure workers understand their rights and have appropriate support in place during unexpected legal interventions. By updating your onboarding and annual notice process now, you protect your employees' rights and, just as importantly, ensure your company is compliant.

Sample Employee Emergency Contact & Arrest Notification Authorization

In Compliance with California SB 294 (Workplace Know Your Rights Act)

Employee Name: ____________________

Date: __________________________

General Emergency Contact Information

In the event of a medical emergency or other urgent workplace safety matter, please contact:

• Primary Contact Name: ________________________________________

• Relationship to Employee: _____________________________________

• Phone Number: ______________________________________________

• Email Address: _______________________________________________

Arrest or Detention Notification

Under California law, if you are arrested or detained at the worksite or during work hours (including offsite duties if the company has actual knowledge), the company is required to notify your designated contact only if you authorize it.

Please select ONE of the following options:

• [ ] YES, I authorize [Company Name] to notify my primary emergency contact listed above if I am arrested or detained during work hours or while performing job duties.

• [ ] NO, I do not authorize [Company Name] to contact anyone in the event of an arrest or detention.

I understand that it is my responsibility to update this information if my contact details or my notification preferences change. [Company Name] will maintain this record for a minimum of three years.

Employee Signature: ___________________________________________