Governor Gavin Newsom has signed Assembly Bill (AB) 1331, which takes effect January 1, 2027, and adds Part 5.8 to the California Labor Code (beginning at Section 1560). The law imposes new limits on workplace surveillance tools, requiring employers to reassess monitoring practices, privacy boundaries, and compliance controls.
What AB 1331 Does
AB 1331 broadly defines a “workplace surveillance tool” as any system, application, instrument, or device that collects or facilitates collection of employee data, activities, communications, actions, biometrics, or behaviors other than through direct human observation. The definition covers video and audio systems, GPS and other location tracking, time- and pace-tracking, electromagnetic and optical systems, and biometric tools; it excludes smoke detectors, carbon monoxide detectors, and weapon-detection systems that automatically screen a person’s body.
Key Prohibitions
AB 1331 prohibits surveillance in private or off-duty workplace spaces, including bathrooms, locker rooms, changing areas, breakrooms, cafeterias, smoking areas, lactation spaces, and lounges. It prohibits tracking how often employees use those spaces. Monitoring an employee’s home, personal vehicle, or personal property is allowed only when “strictly necessary”; surveillance tools must also be disabled during off-duty hours, including rest and meal breaks, wherever the employee is located. Employers may not require workers to physically implant devices that collect or transmit data.
Notable Exceptions and Anti-Retaliation Protections
The law permits limited exceptions for an employee’s voluntary use of a surveillance tool; safety or identification badges, personal alarms, and similar tools that do not detect or record audio or video and do not contain physically embedded or attached AI; one-time bathroom entry or exit checks; and surveillance required by federal or state law or regulation. These carve-outs should be read narrowly and do not automatically validate existing practices.
Employers may not retaliate,through firing, demotion, suspension, threats, or other discrimination,against employees who exercise their rights, file complaints, cooperate with investigations, or oppose prohibited practices.
Key Compliance Considerations
Before January 1, 2027, employers should audit surveillance technology; update monitoring policies; evaluate and document any “strictly necessary” justification for personal-space monitoring; ensure tools deactivate during off-duty, rest, and meal periods; and train supervisors and HR on the new requirements and anti-retaliation protections.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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