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Navigating immigration enforcement and new laws: What California small business owners should know

This Small Business Know Your Rights repository was developed in partnership with CAMEO Network and the Bay Area Jobs First Collaborative to help connect small business owners, employees, and immigrant entrepreneurs with important legal information and practical resources.

February 1, 2026, the Workplace Know Your Rights Act went into effect in California. The new law requires California business owners to provide current and new employees with a stand-alone written notice outlining their workplace rights during immigration inspections and interactions with law enforcement. As increased immigration enforcement continues to impact workplaces and communities, Small Business Majority is committed to ensuring entrepreneurs have access to the information and resources they need to stay informed and compliant. To help small employers and immigrant entrepreneurs understand their rights and responsibilities, we’ve compiled an overview of the Workplace Know Your Rights Act, as well as a list of guides, legal aid and other immigration resources that can offer support.

It’s important to note that this list is for general information only and is not legal advice.

Download this information in Chinese, Tagalog or Vietnamese.

Key things to note about the Workplace Know Your Rights Act

  • Employers must distribute a “Know Your Rights” workplace notice by February 1 each year to existing employees and to new employees at the time of hire.
  • The workplace notice must explain:
    • Employees’ rights to immigration inspection notices and protections.
    • Constitutional rights during interactions with law enforcement at the workplace.
    • Rights to workers’ compensation benefits, including disability pay and medical care for work-related injuries or illness, and contact information for the Division of Workers’ Compensation.
    • Rights to union organizing and concerted activity.
  • Employers must keep records for three years, documenting when each notice was sent.
  • Employers cannot retaliate against any employee who exercises their rights, files a complaint, cooperates in an investigation or assists in enforcement under this law.
  • Employers must display the notice in a language the employee understands. State templates for this notice are available in English, Spanish and multiple other languages.

By March 30, 2026, employers must allow employees to designate an emergency contact or collect this information from new hires going forward. 

  • If an employee is arrested or detained at work, or off-site during work hours or while performing job duties, employers are required to notify the designated contact.
  • Failure to comply may incur up to $500 per employee, or up to $10,000 per employee for ongoing emergency contact violations.

Safeguarding your business & employees during immigration enforcement activities

Understanding your rights and responsibilities as an employer facing immigration actions can be difficult. Download this guide published by Public Counsel about important policies and procedures to follow if federal immigration officers come to your small business, as well as key tips from their legal resource outlined below:

  1. Stay Calm and Activate Your Plan: Designate one trained point person (owner or manager). Staff who first encounter the law agents should contact the designated point person that is listed in the policy and should not answer questions, provide documents, and should direct agents to that designated person. This keeps the situation controlled and protects employees.
  2. You are not required to allow entry into private areas without a judicial warrant: Once the designated person arrives, authorized persons can remind the officers that they do not have permission to enter private (non-public) without a judicial warrant and ask to see their documentation.

    **You must comply with an I-9 audit (Notice of Inspection) which is a request from ICE, not a judge, to review employee records. You have at least 3 business days and do not have to allow immediate access or entry.
  3. Verify the paperwork carefully and contact legal support immediately: Ask to review any warrant and confirm it is signed by a judge, not ICE. Your are not required to provide records or allow any searches unless authorization is signed by a judge. Contact legal counsel or a rapid response/legal aid organization right away, as outlined in the resource guide.
  4. If there is a valid judicial warrant: If officers do present a valid judicial warrant, the designated person should accompany them, make sure the search stays within the limits of the warrant, and document what happens. Staff should complete a detailed written report immediately after the encounter, including what officers asked for, what they reviewed, and anything they took.

Legal aid and regional resources

If you or an employee need legal assistance, state-led organizations offer free or low-cost legal aid for small business owners.

Browse our Know Your Rights repository for immigration-related resources and community partners in California.

 

Learn more about safeguarding your business and employees by exploring our national Know Your Rights immigration blog.