California AB 1331 (Workplace Surveillance 2025)

The people of the State of California do enact as follows: SECTION 1. Part 5.8 (commencing with Section 1560) is added to Division 2 of the Labor Code, to read: PART 5.8. WORKPLACE SURVEILLANCE OF EMPLOYEES 1560. As used in this part: (a)(1) "Employer" means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. (2) "Employer" includes an employer's labor contractor. (3) "Employer" includes private entities and public entities, including, but not limited to, all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. (b) "Employer-designated area" means an area in the workplace the employer provides or has historically provided to workers to use for breaks or to purchase, obtain, or consume food or beverages. (c) "Public prosecutor" has the same meaning as defined in Section 180. (d) "Worker" means an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in a workplace. (e) "Workplace surveillance tool" means a system, application, instrument, or device that collects or facilitates the collection of worker activities, communications, actions, biometrics, or behaviors, or those of the public that are capable of passively surveilling workers, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, electronic workplace tracking, geolocation, electromagnetic tracking, photoelectronic tracking, or utilization of a photo-optical system or other means. "Workplace surveillance tool" does not include smoke or carbon monoxide detectors or weapon detection systems that automatically screen a person's body.

1561. (a) Unless directed by a court order, an employer shall not use a workplace surveillance tool to monitor or surveil workers, including data collection on the frequency of a worker's use of those areas, in the following employee-only, employer-designated areas: (1) Bathrooms. (2) Locker rooms. (3) Changing areas. (4) Lactation spaces. (b)(1) Except as provided in paragraph (2), a worker shall have the right to leave behind workplace surveillance tools that are on their person or in their possession in both of the following circumstances: (A) When entering an area listed in subdivision (a), employee-only breakrooms and cafeterias, and public bathrooms. (B) During off-duty hours, excluding rest periods. (2) Paragraph (1) does not apply in both of the following circumstances: (A) A worker is required to remain available during meal or rest periods pursuant to federal law or existing state law. (B) A worker is required to use a workplace surveillance tool, such as a phone, for communication purposes for the job during off-duty hours.

(c) An employer shall not require a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body. (d)(1) An employer shall not use audio surveillance to record employee-only breakrooms or cafeterias. (2) If an employer uses a workplace surveillance tool in an employee-only breakroom or cafeteria, the employer shall post signage in the area notifying workers that they are subject to surveillance that does not record audio. (3) The workplace surveillance tool in an employee-only breakroom or cafeteria shall not use generative artificial intelligence enabled video surveillance. The workplace surveillance tool may use artificial intelligence photo or video correction tools that do not have monitoring or surveillance capacity. (e) A worker or their authorized representative may request video surveillance the worker is in. (f)(1) An employer may use workplace surveillance tools that passively surveil workers in an area not listed in subdivision (a) and employee-only breakrooms and cafeterias, even if an off-duty worker may be present, as long as the worker is made aware in advance that a workplace surveillance tool is in use. (2) Notwithstanding subdivision (a), an employer may check workplace surveillance tools for the one-time entry and exit in the areas listed in subdivision (a) and employee-only breakrooms and cafeterias for health and safety purposes, as long as it is not used to monitor the frequency of a worker's use of those areas.

(g)(1) On a multiemployer jobsite, the controlling employer shall post a notice at the jobsite providing a general description of the types of activities that may be monitored or surveilled and for what purposes. (2) A notice posted pursuant to this subdivision by a controlling employer satisfies the requirement for any employer whose employees perform work on that jobsite. (h) An employer is not in violation of this section in any of the following circumstances: (1) A worker brings a workplace surveillance tool into an area listed in subdivision (a) or employee-only breakrooms or cafeterias because it is required to access a locked or secured area. (2) A worker uses a workplace surveillance tool to access a locked or secured area during off-duty hours. (3) A worker voluntarily chooses to bring a workplace surveillance tool into an area listed in subdivision (a) or employee-only breakrooms or cafeterias. (4) A worker voluntarily keeps a workplace surveillance tool on their person during off-duty hours. (5) A worker brings a workplace surveillance tool, including a badge or personal alarm system, into an area listed in subdivision (a) or employee-only breakrooms or cafeterias, or a worker keeps a workplace surveillance tool, including a badge or personal alarm system, on their person during off-duty hours, because the employer has a policy that requires that workplace surveillance tool to be in the worker's possession while on work premises for identification or safety purposes, if the workplace surveillance tool meets both of the following conditions: (a) Does not detect or record audio. (b) Is not artificial intelligence enabled. 1562. A worker shall not remove or physically tamper with any component of a workplace surveillance tool that is part of or embedded in employer equipment or vehicles.

1563. (a) An employer shall not deny an employee the rights under this part or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to use, the employee's rights under this part, filing a complaint with the department or alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or opposing any policy or practice or act that is prohibited by this part. (b) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per violation. (c) In addition to any other remedy, the Labor Commissioner may enforce this section, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this section and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable. (d) In addition to any other remedy, this part may also be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.

1564. (a) This part does not preempt any local law that provides equal or greater protection to workers. (b) The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (c) This part does not limit the authority of the Attorney General, a district attorney, or a city attorney, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the commissioner or the division. (d) This part does not prohibit any employer from using workplace surveillance tools as required by federal law or existing state law. (e) This part does not authorize any employer to use workplace surveillance tools as prohibited by federal law or existing state law.

1565. This part does not apply to an employer that does either of the following: (a) Develops products for national security, military, space, or defense purposes. (b) Develops aircraft for operation in national airspace.

1566. (a) This part does not apply to a law enforcement agency that includes any employee who is a peace officer under any of the following when it acts as a law enforcement agency or as the employer of its own employees: (1) Subdivision (a) or (b) of Section 830.1 of the Penal Code. (2) Subdivision (a), (b), (c), (d), or (g) of Section 830.2 of the Penal Code. (3) Section 830.31 of the Penal Code. (4) Section 830.33 of the Penal Code. (5) Section 830.34 of the Penal Code. (6) Subdivision (c) of Section 830.35 of the Penal Code. (7) Subdivision (a), (b), or (d) of Section 830.37 of the Penal Code. (8) Section 830.38 of the Penal Code. (9) Subdivision (a) of Section 830.5 of the Penal Code. (10) Section 830.7 of the Penal Code. (11) Section 830.75 of the Penal Code. (12) Section 830.15 of the Penal Code. (b) For purposes of this section, a law enforcement agency is not to be deemed the employer of any employees who are not directly employed by the law enforcement agency.