Can Employers Share Know-Your-Rights Information and Cards Without Practicing Law?
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed September 23, 2026
Legal Inquiry
Consumer Legal Issue
What can we tell employees about their rights without stepping into practicing law or giving legal advice?
Can we hand out Know-Your-Rights wallet cards to crews without creating legal exposure?
Attorney Answer
Employers may share accurate, general rights information, counsel-reviewed handouts, training and referrals, and may hand out Know-Your-Rights cards to crews. Utah draws the line between general information and advice on a particular person's facts: the practice of law means applying the law 'to that person's facts and circumstances,' and a nonlawyer may provide 'general legal information ... but not specific advice related to another person's facts or circumstances' (SCRP 4-802(b)(1), (d)(2); see Bd. of Comm'rs v. Petersen for the Utah definition). Keep the stakes in view: as of 2026, unauthorized practice in Utah is a class A misdemeanor and a client may sue (Utah Code § 78A-9-103).
So HR explains company procedures and points individual questions - which application to file, whether to travel, what to sign - to a licensed attorney or a DOJ-accredited representative (8 C.F.R. § 292.1). Use qualified translation. Do not collect immigration histories in order to distribute information.
Distributing accurate cards is not 'encouraging or inducing' unlawful residence. The Supreme Court read that offense to cover only 'solicitation and facilitation' of a specific unlawful act in its criminal-law sense (United States v. Hansen), which does not reach ordinary rights education; the Court did leave open whether speech encouraging only a civil violation can be punished, so keep materials accurate and non-individualized, say that a card is not work authorization and does not prevent arrest, and never instruct anyone to lie, conceal people or documents, or obstruct officers.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- Bd. of Comm'rs, Utah State Bar v. Petersen, 937 P.2d 1263 (Utah 1997) — Utah Supreme Court
Defines the practice of law as counseling, advising and assisting others about their legal rights, duties and liabilities. - United States v. Hansen, 599 U.S. 762 (2023) — U.S. Supreme Court
The encouragement offense covers only solicitation or facilitation of a specific unlawful act, not general advocacy or rights education.
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Frequently Asked Questions
What is the difference between legal information and legal advice in Utah?
Practicing law means applying the law to another person's facts and circumstances. A nonlawyer may give general legal information but not specific advice about another person's situation.
Is unauthorized practice of law a crime in Utah?
Yes. Since 2026 it is a class A misdemeanor, and a client harmed by it may sue, so HR should explain company procedures and send individual questions to a lawyer or accredited representative.
Can distributing rights cards be treated as encouraging illegal presence?
No, when the cards are accurate and general. The Supreme Court read the encouragement offense to reach only solicitation or facilitation of a specific unlawful act. Never tell anyone to lie, hide people or documents, or obstruct officers.