California employers are now navigating SB 294, which requires employers to provide employees with a workplace “Know Your Rights” notice addressing interactions with law enforcement, including immigration enforcement, and certain constitutional protections. To assist employers, the California Department of Industrial Relations (“DIR”) has published a model template notice here.

At first glance, using the DIR template may seem like the safest option. After all, it is government-issued and clearly intended to promote compliance. But as with many well-intentioned agency templates, employers should pause before adopting it wholesale. Compliance with SB 294 does not require employers to use the DIR’s version, and for many workplaces, doing so may introduce unnecessary risk, confusion, and operational challenges.

Below are several reasons why employers may want to consider a customized, employer-specific notice instead.

1. The Template Goes Well Beyond What SB 294 Requires

SB 294 is fundamentally a notice statute. Its purpose is to inform employees of certain rights and protections—it does not require employers to educate employees on how to assert claims, file lawsuits, or challenge employer decisions.

The DIR template, however, includes expansive explanations of constitutional rights, references to recording law enforcement, and language that reads more like advocacy material than a neutral workplace notice. While none of this is unlawful, it goes well beyond what the statute requires and may inadvertently reframe the notice as a call to action rather than an informational document.

For many employers, especially those focused on maintaining trust and clarity in the workplace, more is not always better.

2. The DIR Language is Likely to Create Confusion, Not Clarity

One of the most common challenges we see with mandated workplace postings is misinterpretation. Employees often assume that if something is in a required notice, it reflects employer policy or guidance on how to behave at work.

The DIR template includes generalized constitutional principles that apply in public spaces and law enforcement encounters broadly—not necessarily in the workplace context or during working time. Without additional explanation, employees may reasonably (but incorrectly) believe the notice authorizes conduct at work that is inconsistent with company policies, operational needs, or safety requirements.

Employers are then left answering questions—and managing expectations—that the statute never intended to raise.

3. The Template Can Undermine an Employer’s Neutral Role

Most employers strive to remain neutral and professional when it comes to politically sensitive or emotionally charged issues. The DIR template, while well-meaning, adopts a tone that some employers may view as one-sided or advocacy-driven.

This is particularly concerning for public sector employers and employers with diverse workforces where maintaining neutrality is essential. A notice that appears to encourage adversarial thinking or distrust—rather than simply explaining legal rights—can undermine workplace culture and distract from the employer’s role as a facilitator of compliance and safety.

SB 294 does not require employers to take a position; it requires them to provide notice.

4. It Does Not Account for Industry-Specific or Workplace-Specific Realities

A single template cannot account for the wide range of California workplaces. What makes sense in one environment may be confusing or impractical in another.

For example:

• Highly regulated workplaces may already have detailed protocols for responding to law enforcement inquiries.
• Safety-sensitive workplaces may need to clarify limits on recording or movement during work hours.
• Unionized environments may require coordination with collective bargaining agreements.

Using the DIR template without tailoring it to the workplace can create conflicts between the notice and existing policies—or worse, suggest that policies no longer apply.

5. The Template May Increase Litigation Risk

Ironically, one of the biggest risks of using the DIR template is that it may invite disputes that would not otherwise exist.

By including broad statements about rights without context, the notice may be cited by employees or their representatives to argue that the employer endorsed certain interpretations of the law or failed to live up to expectations the employer never intended to create.

A carefully drafted, compliant notice that tracks the statute more closely can reduce this risk while still satisfying SB 294’s requirements.

6. Employers Are Allowed—and Often Better Served—by Customization

SB 294 does not mandate use of the DIR template. Employers are permitted to provide their own notice, so long as it meets the statutory requirements regarding content, timing, and distribution.

A customized notice allows employers to:

• Use clear, neutral, plain-language explanations
• Align the notice with existing policies and procedures
• Avoid unnecessary legal commentary
• Reduce confusion and follow-up questions
• Maintain consistency with workplace culture and tone

In short, customization allows employers to comply without overcorrecting.

The Bottom Line

The DIR template is a tool—but it is not a requirement, and it is not always the best fit. For many employers, particularly those focused on clarity, neutrality, and risk management, a tailored SB 294 notice will be the more practical and defensible approach.

As with many California compliance obligations, the goal should not be to say the most – it should be to say exactly what the law requires, no more and no less.

If you have questions about SB 294, the DIR template, or whether your workplace notice strikes the right balance, Shaw Law Group regularly advises employers on compliance strategies that are both legally sound and operationally realistic. We are happy to help you assess your options and avoid unintended consequences.