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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
91
Introduced by Assembly Member Elhawary
(Coauthors: Assembly Members Bryan, Mark González, and Ward)
February 21, 2025
An act to add Part 5.8 (commencing with Section 1560) to Division 2 of the Labor Code, relating to employment.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law authorizes the division, which is headed by the Labor Commissioner, to enforce the Labor Code and all labor laws of the state the enforcement of which is not specifically vested in any other officer, board or commission.
This bill would limit the use of workplace surveillance tools, as defined, by employers, including by prohibiting an employer from monitoring or surveilling workers in employee-only, employer-designated areas, employees in a bathroom located in the workplace, except as specified. The bill would provide workers
an employee with the right to leave behind workplace surveillance tools that are on their person or in their possession when entering certain employee-only areas and public bathrooms and during off-duty hours, a bathroom, except as specified. The bill would prohibit a worker from
removing or physically tampering with any component of a workplace surveillance tool that is part of or embedded in employer equipment or vehicles.
This bill would subject an employer who violates the bill to a civil penalty of $500 per violation authorize the Labor Commissioner to enforce the bill’s provisions, as prescribed, and would authorize a public prosecutor to bring specified enforcement actions. The bill would subject an employer who violates the bill to a civil penalty of up to $500 for each violation.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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
As used in this part:
(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.
(a) “Employ” means to engage, suffer, or permit to work.
(b) “Employee” means any person employed by an employer.
(c) (1) “Employer” means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person. “Employer” includes all branches of state government, or the several cities, 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.
(2) “Employer” includes a labor contractor of a person defined as an employer under paragraph (1) and any entity or individual that contracts with the labor contractor for labor or services, including, but not limited to, a “client employer” under Section 2810.3 or an individual or business entity that contracts for property services under Section 238.5.
(3) “Employer” includes a farm labor contractor, as defined in Section 1682, or foreign labor contractor, as defined in Section 9998.1 of the Business and Professions Code.
(d) “Public prosecutor” has the same meaning as defined in Section 180.
(e) “Workplace surveillance tool” means a system, application, instrument, or device that collects or facilitates the collection of worker
employee data, activities, communications, actions, biometrics, or behaviors, or those of the public that are capable of passively surveilling workers, behaviors by means other than direct observation by a person, including, but not limited to, video or audio surveillance, electronic workplace tracking, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, or utilization of
a photo-optical system 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.
(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: employees in a bathroom located in the workplace.
(2) Locker rooms.
(3) Changing areas.
(4) Lactation spaces.
(b) (1) Except as provided in paragraph (2), a worker An employee 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: when entering a bathroom.
(B) During off-duty hours, excluding rest periods.
(2) Paragraph (1) does not apply in both of the following circumstances:
(2) Paragraph (1) does not apply if an employee is required to remain available during meal or rest periods pursuant to federal law or existing state law.
(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.
(3) 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. of bathrooms in the workplace.
(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.
(c) An employer is not in violation of this section in any of the following circumstances:
(1) A worker An employee brings a workplace surveillance tool into an area listed in subdivision (a) or employee-only breakrooms or cafeterias
a bathroom in the workplace because it is required to access a locked or secured area.
(3) A worker
(2) An employee voluntarily chooses to bring a workplace surveillance tool into an area listed in subdivision (a) or employee-only breakrooms or cafeterias.
a bathroom in the workplace.
(5) A worker
(3) An employee 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,
a bathroom in the workplace because the employer has a policy that requires that workplace surveillance tool to be in the worker’s employee’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.
audio or video.
(B) Is not artificial intelligence enabled.
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.
1563.
(a) The Labor Commissioner may enforce this part, 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 part 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.
(b) This part may also be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.
(c) In any civil action brought pursuant to subdivision (a) or (b) the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorney’s fees and costs.
(d) In addition to any other remedy, an employer who violates this part may be subject to a penalty of up to five hundred dollars ($500) for each violation.
(e) An action brought pursuant to this section may be brought in the superior court in any county in which the violation in question is alleged to have occurred or in which the employer transacts business.
(a) This part does not preempt is not intended to limit any other state or local law law, including, but not limited to, Section 435, that provides equal or greater protection to workers.
employees.
(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 prohibit any employer from using workplace surveillance tools as required by federal law or existing state law.
(d) This part does not authorize any employer to use workplace surveillance tools as prohibited by federal law or existing state law.
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.
1565.
(a) This part does not prohibit the use of a workplace surveillance tool by an employer relating to either of the following:
(1) The development of aircraft for use in the national airspace.
(2) The development of products or services for national security, military, space, or defense purposes.
(b) The exemption in this section applies only to the operations covered by a federal statute, federal regulation, or binding federal contract where the use of a workplace surveillance tool is reasonably necessary to comply with the federal statute, the federal regulation, or the binding federal contract.
(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.
SEC. 2.
The Legislature finds and declares that Section 1 of this act adding Part 5.8 (commencing with Section 1580) to Division 2 of the Labor Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.