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 employees in a bathroom located in the workplace, except as specified. The bill would provide an employee with the right to leave behind workplace surveillance tools that are on their person or in their possession when entering a bathroom, except as specified.

This bill would authorize the commissioner to enforce the bills 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.

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 employees in a bathroom located in the workplace, except as specified. The bill would provide an employee with the right to leave behind workplace surveillance tools that are on their person or in their possession when entering a bathroom, except as specified.

This bill would authorize the commissioner to enforce the bills 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.

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 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 employees in a bathroom located in the workplace, except as specified. The bill would provide an employee with the right to leave behind workplace surveillance tools that are on their person or in their possession when entering a bathroom, except as specified.

This bill would authorize the Labor Commissioner commissioner to enforce the bills 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.

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 bills 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.

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, as specified. The bill would provide workers 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, 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 and would authorize a public prosecutor to bring specified enforcement actions.

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, as specified. The bill would provide workers 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, 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 employee for each violation and would authorize a public prosecutor to bring specified enforcement actions.

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, as specified. The bill would provide workers with the right to leave behind workplace surveillance tools that are on their person or in their possession during off-duty hours, as specified.

This bill would subject an employer who violates the bill to a civil penalty of $500 per employee for each violation and would authorize a public prosecutor to bring specified enforcement actions.

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 off-duty employee-only, employer-designated areas, as specified. The bill would provide workers with the right to disable or leave behind workplace surveillance tools that are on their person or in their possession during off-duty hours, as specified.

This bill would subject an employer who violates the bill to a civil penalty of $500 per employee for each violation and would authorize an employee and a public prosecutor to bring specified enforcement actions.

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 off-duty areas, as specified. The bill would provide workers with the right to disable or leave behind workplace surveillance tools that are on their person or in their possession during off-duty hours, as specified.

This bill would subject an employer who violates the bill to a civil penalty of $500 per employee for each violation and would authorize an employee and a public prosecutor to bring specified enforcement actions.

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 off-duty areas, as specified. The bill would provide workers with the right to disable or leave behind workplace surveillance tools that are on their person or in their possession during off-duty hours, as specified.

This bill would subject an employer who violates the bill to a civil penalty of $500 per employee for each violation and would authorize an employee and a public prosecutor to bring specified enforcement actions.

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 private, off-duty areas, as specified, and requiring workplace surveillance tools to be disabled during off-duty hours, as specified. The bill would provide workers with the right to disable or leave behind workplace surveillance tools that are on their person or in their possession during off-duty hours, as specified.

This bill would subject an employer who violates the bill to a civil penalty of $500 per employee for each violation and would authorize an employee and a public prosecutor to bring specified enforcement actions.

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 private, off-duty areas, as specified, and requiring workplace surveillance tools to be disabled during off-duty hours, as specified.

This bill would subject an employer who violates the bill to a civil penalty of $500 per employee for each violation and would authorize an employee and a public prosecutor to bring specified enforcement actions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1331

Author:(Elhawary)

As Amended Ver:August 28, 2026

Majority vote

SUMMARY

Prohibits an employer from using a workplace surveillance tool to monitor or surveil employees in a bathroom located in the workplace. Additionally provides that employees generally have the right to leave behind workplace surveillance tools that are on their person or in their possession when entering a bathroom. Authorizes the Labor Commissioner (LC) or public prosecutor, as specified, to enforce the bill.

Senate Amendments

1. Define "artificial intelligence" to mean an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
2. Make clarifying and conforming changes.
3. Revise the definition of "employer" to mean 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:
   1. 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. Labor contractor of an employer and any entity or individual that contracts with the labor contractor for labor or services, including, but not limited to, a "client employer," as specified, or an individual or business entity that contracts for property services, as specified.
   3. A farm labor contractor, as defined, or foreign labor contractor, as defined.
4. Delete the definition of "worker" which included independent contractors.
5. Revise the definition of "workplace surveillance tool" to mean a system, application, instrument, or device that collects or facilitates the collection of employee data, activities, communications, actions, biometrics, or behaviors by means other than direct observation by a person, including but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, a photo-optical system, or other means.
6. Limit the prohibition on an employer's use of a workplace surveillance tool to monitor or surveil employees to a bathroom located in the workplace.
7. Limit an employee's right to leave behind workplace surveillance tools that are on their person or in their possession to when entering a bathroom.
8. Delete a number of provisions, including the prohibition on an employer requiring a worker to physically implant a device that collects or transmits data and restrictions on how an employer uses workplace surveillance tools in an employee only breakroom or cafeteria.
9. Provide that the following circumstances do not constitute a violation of the bill:
10. An employee voluntarily chooses to bring a workplace surveillance tool into a bathroom in the workplace.
11. An employee brings a workplace surveillance tool, including a badge or personal alarm system, into a bathroom in the workplace because the employer has a policy that requires that tool to be in the employee's possession while on work premises for identification or safety purposes, or if the tool is required to access a locked or secured bathroom, and the tool meets certain criteria, as specified.
12. Remove the bill's anti-retaliation provision for an employee exercising their rights, as specified.

COMMENTS

Employers are increasingly relying on technology to monitor, manage, and collect data on their workers. Information provided by the author notes that reports from ExpressVPN found that close to 80% of employers use monitoring software to track employee performance. ^[1] With employer surveillance on the rise, workers have limited access to spaces in their workplace, or around their homes that are not under constant surveillance. Employers use workplace surveillance to track and prevent workers from advocating for their rights. The new surveillance state at the workplace has proven to increase psychological distress, stress, and lower job satisfaction among workers. ^[2]

According to the Author

According to the author, "AB 1331 is an important step in securing a worker's right to privacy while new invasive surveillance technologies are being used by employers."

Arguments in Support

A coalition of labor organizations, including the California Federation of Labor Unions, AFL-CIO, are in support and state, "Workplace surveillance is not a new phenomenon. Employers have surveilled workers for decades with traditional cameras and microphones. However, today's workplace surveillance capabilities differ in scale, speed, and invasiveness. Employers now have access to a plethora of tools such as wearable devices to monitor worker biometrics, speech, and location, as well as heat and retina tracking technology. With the use of these powerful surveillance tools, workers have limited access to spaces in their workplace and homes that are not under constant surveillance. Areas such as restrooms, lactation spaces, and worker lounges are not protected from being surveilled with advanced technology that does not rely solely on traditional audio or visual recordings. The new surveillance state at the workplace has proven to increase the likelihood of discrimination, harassment, and psychological distress of workers.

To protect worker privacy in sensitive areas…, AB 1331 will update and expand existing workplace privacy laws to address new surveillance technology."

Arguments in Opposition

[Note: opposition arguments may not necessarily reflect the newest version of the bill.]

A coalition of employer organizations, including the California Chamber of Commerce, are opposed and state, "Substantively, AB 1331 is intended to ban surveillance of individual employees at inappropriate times or places, but uses unnecessarily overbroad language to do so, causing impractical results. AB 1331 limits the use of "workplace surveillance tools," which is broadly defined to include any tool that collects or even "facilitates" the collection of "worker data." "Worker data" is defined as any information that is reasonably capable of being associated with a worker. In other words, AB 1331 would limit the use of anything from old-school security cameras and keycards to cybersecurity tools and GPS tracking. In fact, the definition is so broad that even non-tracking devices such as an email storage system could fall under the bill."

FISCAL COMMENTS

There is no fiscal analysis available for this version of the bill.

VOTES:

ASM LABOR AND EMPLOYMENT: 5-0-2

YES: Ortega, Elhawary, Kalra, Lee, Ward

ABS, ABST OR NV: Flora, Chen

ASM PRIVACY AND CONSUMER PROTECTION: 10-3-2

YES: Bauer-Kahan, Bryan, Irwin, Lowenthal, McKinnor, Ortega, Pellerin, Ward, Wicks, Wilson

NO: Dixon, DeMaio, Macedo

ABS, ABST OR NV: Patterson, Petrie-Norris

ASM APPROPRIATIONS: 11-3-1

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache

NO: Dixon, Ta, Tangipa

ABS, ABST OR NV: Sanchez

ASSEMBLY FLOOR: 55-15-9

YES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Gabriel, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas

NO: Ávila Farías, DeMaio, Dixon, Ellis, Gallagher, Jeff Gonzalez, Hadwick, Hoover, Macedo, Patterson, Ramos, Sanchez, Ta, Tangipa, Wallis

ABS, ABST OR NV: Alanis, Castillo, Chen, Davies, Flora, Lackey, Nguyen, Ortega, Pacheco

UPDATED

VERSION: August 28, 2026

CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0004549

1. https://www.cnbc.com/2023/04/24/employee-surveillance-is-on-the-rise-that-could-backfire-on-employers.html ↑

2. https://pmc.ncbi.nlm.nih.gov/articles/PMC11300163/ ↑

 THIRD READING  

Bill No: AB 1331

Author: Elhawary (D), et al.

Amended: 8/28/26 in Senate

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-1, 6/25/25

AYES: Smallwood-Cuevas, Cortese, Durazo, Laird

NOES: Strickland

SENATE JUDICIARY COMMITTEE: 9-2, 7/15/25

AYES: Umberg, Arreguín, Ashby, Caballero, Durazo, Laird, Wahab, Weber Pierson, Wiener

NOES: Niello, Valladares

NO VOTE RECORDED: Allen, Stern

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/29/25

AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab

NOES: Seyarto, Dahle

ASSEMBLY FLOOR: 55-15, 6/5/25 - See last page for vote

SUBJECT: Workplace surveillance

SOURCE: California Federation of Labor Unions

DIGEST:

This bill prohibits an employer, both public and private, from using a workplace surveillance tool to monitor or surveil employees in a bathroom located in the workplace.

Senate Floor Amendments of 8/27/26 1) add and define the term “artificial intelligence”; 2) clarify the authorized use of a workplace surveillance tool when it is required to access a locked or secured bathroom; 3) clarify that workplace surveillance tools shall not have physically embedded or attached artificial intelligence; and 4) strikes the peace officer exemption in the bill.

ANALYSIS:

Existing law:

1. States that the “right to privacy is a personal and fundamental right protected by Section 1 of Article I of the Constitution of California and by the United States Constitution and that all individuals have a right of privacy in information pertaining to them.” Further states these findings of the Legislature:
   1. The right to privacy is being threatened by the indiscriminate collection, maintenance, and dissemination of personal information and the lack of effective laws and legal remedies.
   2. The increasing use of computers and other sophisticated information technology has greatly magnified the potential risk to individual privacy that can occur from the maintenance of personal information.
   3. In order to protect the privacy of individuals, it is necessary that the maintenance and dissemination of personal information be subject to strict limits. (Civil Code §1798.1)
2. States that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of such devices and techniques has created a serious threat to the free exercise of personal liberties that cannot be tolerated in a free and civilized society. (Penal Code §630)
3. Prohibits a person from intentionally, and without the consent of all parties to a confidential communication, using an electronic amplifying or recording device to eavesdrop upon or record the confidential communication. For purposes of these provisions, defines a “person” to mean an individual, business association, partnership, corporation, limited liability company, or other legal entity. (Penal Code §632)
4. Establishes the California Consumer Privacy Act (CCPA), which grants consumers certain rights with regard to their personal information, including enhanced notice, access, and disclosure; the right to deletion; the right to restrict the sale of information; and protection from discrimination for exercising these rights. It places attendant obligations on businesses to respect those rights. (Civil Code §1798.100 et seq.)
5. Establishes the Consumer Privacy Rights Act (CPRA), which amends the CCPA and creates the California Privacy Protection Agency (PPA), which is charged with implementing these privacy laws, promulgating regulations, and carrying out enforcement actions. (Civil Code §1798.100 et seq.; Proposition 24 (2020))
6. Establishes within the Department of Industrial Relations (DIR), various entities including the Division of Labor Standards Enforcement (DLSE) under the direction of the Labor Commissioner (LC), and empowers the LC with ensuring a just day’s pay in every workplace and promotes economic justice through robust enforcement of labor laws. (Labor Code §79-107)
7. Prohibits an employer from causing an audio or video recording to be made of an employee in a restroom, locker room, or room designated by an employer for changing clothes, unless authorized by court order. No recording made in violation of this prohibition may be used by an employer for any purpose. A violation of this section constitutes an infraction. (Labor Code §435)
8. Authorizes, until January 1, 2029, a public prosecutor to prosecute an action, either civil or criminal, for a violation of certain provisions of the labor code or to enforce those provisions independently. (Labor Code §181)

This bill:

1. Defines, among other terms, the following:
   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.
      1. “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 (i) above and any entity or individual that contracts with the labor contractor for labor or services, including, but not limited to, a “client employer” under Labor Code Section 2810.3 or an individual or business entity that contracts for property services under Labor Code Section 238.5.
      3. “Employer” includes a farm labor contractor, as defined in Labor Code Section 1682, or foreign labor contractor, as defined in Section 9998.1 of the Business and Professions Code.
   2. “Workplace surveillance tool” means a system, application, instrument, or device that collects or facilitates the collection of employee data, activities, communications, actions, biometrics, or behaviors by means other than direct observation by a person, including, but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, 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.
2. Prohibits an employer, unless directed by a court order, from using a workplace surveillance tool to monitor or surveil employees in a bathroom located in the workplace.
3. Grants employees the right to leave behind workplace surveillance tools that are on their person or in their possession when entering a bathroom.
4. Specifies that (3) above does not apply, and therefore a worker does not have the right to leave behind workplace surveillance tools that are on their person or possession, if the employee is required to remain available during meal or rest periods pursuant to federal or existing state law.
5. Authorizes, notwithstanding the specified prohibitions, an employer to check workplace surveillance tools for the one-time entry and exit of bathrooms in the workplace.
6. Specifies that an employer is not in violation of the bill’s prohibitions in either of the following circumstances:
   1. An employee voluntarily chooses to bring a workplace surveillance tool into a bathroom in the workplace.
   2. An employee brings a workplace surveillance tool, including a badge or personal alarm system, into a bathroom in the workplace because the employer has a policy that requires workplace surveillance tools to be in the employee’s possession while on work premises for identification or safety purposes or if the tool is required to access a locked or secured bathroom, if the workplace surveillance tool meets both of the following conditions:
      1. Does not detect or record audio or video.
      2. Does not have physically embedded or attached artificial intelligence.
7. Authorizes the Labor Commissioner to enforce these provisions, 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 under existing law, as specified, including issuing a citation against an employer who violates these provisions and filing a civil action.
   1. If a citation is issued, specifies that the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the LC shall be the same as those set forth in existing law, as specified.
8. Authorizes these provisions to also be enforced by a public prosecutor, as specified.
9. Authorizes, in any civil action brought, the petitioner to seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorney’s fees and costs.
10. Specifies that in addition to any other remedy, an employer who violates these provisions shall be subject to a penalty of $500 for each violation.
11. Provides that an action 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.
12. Provides that the above provisions are not intended to limit any other state or local law, as specified, that provides equal or greater protection to employees.
13. Specifies that the above provisions are severable and if any provision is held invalid, that invalidity shall not affect other provisions or applications that can be given effect.
14. Specifies that these provisions do not prohibit any employer from using workplace surveillance tools as required by federal or state laws or regulations, nor do they authorize an employer to use these as prohibited by existing federal or state law.
15. Specifies that these provisions do not prohibit the use of a workplace surveillance tool by an employer relating to either of the following:
    1. The development of an aircraft for use in the national airspace.
    2. The development of products or services for national security, military, space, or defense purposes.
16. Specifies, for purposes of (15) above, that these provisions apply 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, regulation, or the binding federal contract.
17. Finds and declares that the provisions of the bill address a matter of statewide concern rather than a municipal affair, therefore, section 1 applies to all cities, including charter cities.

Background

Need for this bill? According to the author: “As technology’s capabilities have increased, employer surveillance of workers has increased. Recent reports from ExpressVPN found that close to 80% of employers use monitoring software to track employee performance. With employer surveillance on the rise, workers have limited access to spaces in their workplace, that are not under constant surveillance. Employers use workplace surveillance to track, monitor, manage, and prevent workers from advocating for their rights. The new surveillance state at the workplace has proven to increase psychological distress, stress, and lower job satisfaction among workers.”

Related/Prior Legislation

AB 1883 (Bryan, 2026) would regulate the use of workplace surveillance tools by both public and private employers. Specifically, the bill would, with certain exceptions, prohibit an employer from using a workplace surveillance tool that uses artificial intelligence to, among other things, collect neural data or recognize an individual’s emotional state. AB 1883 is pending on the Senate Floor.

SB 947 (McNerney, 2026) would, among other things, prohibit an employer from using an ADS to perform certain actions and regulates allowable ADS uses. SB 947 is pending on the Assembly Floor.

SB 951 (Reyes, 2026) would, among other things, establish the California Worker Technological Displacement Act requiring a covered employer to provide advance notice when artificial intelligence or other automated technology causes significant workforce disruption. SB 947 is pending on the Assembly Floor.

[NOTE: Please see the Senate Labor, Public Employment and Retirement Committee analysis on this bill for more background information and information on more prior and related legislation.]

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• This bill would result in costs to the State as a direct employer to revise policies and ensure the use of any existing tools comply with its requirements (General Fund or special fund). The magnitude of such costs is unknown, and would be driven by the use of workplace surveillance tools across the State’s roughly 200 departments and agencies.
• The Department of Industrial Relations (DIR) indicates that it would incur first-year costs of $1.23 million, and $1.67 million annually thereafter, to enforce the provisions of the bill. (Labor Enforcement and Compliance Fund).
• By authorizing public prosecution to enforce worker privacy rights, this bill could result in potentially significant cost pressures to the courts; the magnitude is unknown (Trial Court Trust Fund (TCTF)). The specific number of new actions that could be filed under the bill also is unknown; however, it generally costs about $10,500 to operate a courtroom for an eight-hour day. Courts are not funded on the basis of workload, and increased pressure on TCTF may create a need for increased funding for courts from the General Fund. The enacted 2025-26 budget includes $38 million in ongoing support from the General Fund to continue to backfill TCTF for revenue declines.
• This bill could result in increased penalty revenue to the State; the magnitude is unknown, but probably minor.

*Staff notes that the fiscal impacts noted above were provided for a previous version of this bill and do not reflect the amendments recently taken.

SUPPORT: (Verified 8/27/26)

California Federation of Labor Unions (Source)

Air Line Pilots Association, International
AFSCME California
Association of Flight Attendants - CWA
California Alliance for Retired Americans

California Civil Liberties Advocacy
California Coalition for Worker Power
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Employment Lawyers Association
California Federation of Teachers AFL-CIO
California Immigrant Policy Center
California Nurses Association

California Professional Firefighters
California School Employees Association
California State Legislative Board of the SMART - Transportation Division
California State University Employees Union
California Teamsters Public Affairs Council
Center for Democracy and Technology
Center for Inclusive Change
Center on Policy Initiatives
Church State Council
Coalition for Humane Immigrant Rights
Coalition of Black Trade Unionists, San Diego County Chapter
Communications Workers of America, District 9
Community Agency for Resources, Advocacy and Services
Consumer Attorneys of California
Consumer Federation of California
Engineers and Scientists of California, IFPTE Local 20, AFL-CIO

Inland Empire Labor Council
International Cinematographers Guild, Local 600, IATSE
International Lawyers Assisting Workers Network
Los Angeles Alliance for a New Economy

Los Angeles County Democratic Party
National Employment Law Project
National Union of Healthcare Workers
Northern CA District Council of the Int. Longshore and Warehouse Union
Oakland Privacy

Omidyar Network
Pillars of the Community
PowerSwitch Action
Rise Economy
San Diego Black Workers Center
Secure Justice
SEIU California State Council
Surveillance Resistance Lab
Teamsters California
TechEquity Action
The Center for AI and Digital Policy
The Workers Lab
Transport Workers Union of America, AFL-CIO
UNITE HERE! International Union, AFL-CIO
UNITE HERE! Local 11
United Food and Commercial Workers, Western States Council
Utility Workers Union of America
Warehouse Worker Resource Center
Workers' Algorithm Observatory
Working Partnerships USA
Worksafe

OPPOSITION: (Verified 8/27/26)

Acclamation Insurance Management Services

ADT Security Services

Aerospace and Defense Alliance of California
Agricultural Council of California

Allied Managed Care
American Petroleum and Convenience Store Association
American Property Casualty Insurance Association
Anaheim Chamber of Commerce
Associated General Contractors of California
Associated General Contractors – San Diego Chapter
Association of California Healthcare Districts
Association of California School Administrators
Association of Orange County Deputy Sheriff's
Brea Chamber of Commerce
CalBroadband
Calforests

California Alarm Association
California Alliance of Family Owned Businesses
California Apartment Association
California Association of Health Facilities
California Association of Joint Powers Authorities
California Association of Licensed Security Agencies, Guards & Associates

California Association of Recreation and Park Districts

California Association of School Business Officials
California Association of Sheet Metal & Air Conditioning Contractors National
California Association of Winegrape Growers
California Attractions and Parks Association
California Automatic Vendors Council
California Bankers Association
California Beer and Beverage Distributors
California Cardroom Alliance
California Chamber of Commerce

California Cities for Self-reliance Joint Powers Authority
California Construction and Industrial Materials Association
California Credit Union League
California Farm Bureau
California Fitness Alliance
California Fraternal Order of Police
California Fuels and Convenience Alliance
California Gaming Association
California Grocers Association
California Hospital Association
California Hotel & Lodging Association
California Landscape Contractors Association
California League of Food Producers
California Manufacturers and Technology Association
California Moving and Storage Association

California Municipal Utilities Association

California Pawnbrokers Association
California Pest Management Association
California Restaurant Association
California Retailers Association

California School Boards Association
California Special Districts Association
California State Association of Counties

California State Council of SHRM
California Statewide Law Enforcement Association
California Travel Association
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce

City of Concord

City of Orinda
Coalition of Small and Disabled Veteran Businesses
Colusa County Chamber of Commerce

Communities 4 California Cardrooms

Construction Employers' Association
Corona Chamber of Commerce

County of Fresno
County of Humboldt

County of Kern

County of Los Angeles Board of Supervisors

County of Mendocino
Dairy Institute of California
Dana Point Chamber of Commerce

El Dorado County Chamber of Commerce

El Dorado Hills Chamber of Commerce

Elk Grove Chamber of Commerce
Flasher Barricade Association

Folsom Chamber of Commerce
Garden Grove Chamber of Commerce
Greater Coachella Valley Chamber of Commerce
Greater Conejo Valley Chamber of Commerce
Greater High Desert Chamber of Commerce
Greater Riverside Chambers of Commerce
Housing Contractors of California
Insights Association
LA Cañada Flintridge Chamber of Commerce
Lake Elsinore Valley Chamber of Commerce
League of California Cities

Lincoln Area Chamber of Commerce
Livermore Valley Chamber of Commerce
Long Beach Area Chamber of Commerce
Long Beach Police Officers Association
Los Angeles Area Chamber of Commerce
Morgan Hill Chamber of Commerce
Murrieta Wildomar Chamber of Commerce
National Association of Theatre Owners of California
National Electrical Contractors Association
National Health and Fitness Association

Northern California Power Agency
Oceanside Chamber of Commerce
Orange County Business Council
Pacific Association of Building Service Contractors
Paso Robles and Templeton Chamber of Commerce
Public Risk Innovation, Solutions, and Management
Rancho Cordova Area Chamber of Commerce
Rancho Cucamonga Chamber of Commerce
Redondo Beach Chamber of Commerce

Resource Recovery Coalition of California

Rocklin Area Chamber of Commerce

Roseville Area Chamber of Commerce
Rural County Representatives of California
Sacramento County Deputy Sheriff's Association
San Diego Regional Chamber of Commerce
San Jose Chamber of Commerce
Santa Barbara South Coast Chamber of Commerce
Santa Clarita Valley Chamber of Commerce
Security Industry Association
Sheriff's Employee Benefits Association

Shingle Springs/Cameron Park Chamber of Commerce

SHRM

South Bay Association of Chambers of Commerce
Southwest California Legislative Council
TechNet
Torrance Area Chamber of Commerce
Tri County Chamber Alliance
Tulare Chamber of Commerce

United Chamber Advocacy Network
United Contractors
Urban Counties of California
Valley Industry and Commerce Association
Walnut Creek Chamber of Commerce & Visitors Bureau
Western Car Wash Association
Western Electrical Contractors Association
Western Growers Association
Wilmington Chamber of Commerce
Wine Institute

Yuba Sutter Chamber of Commerce

ARGUMENTS IN SUPPORT: According to the sponsors, the California Federation of Labor Unions:

“Artificial intelligence (AI) technologies go beyond video and audio surveillance and leaves workers vulnerable to surveillance by the boss while in bathrooms. This is not science fiction; AI surveillance is being used now. Halo Smart Sensor boasts that it is designed for “24/7 monitoring without video or audio…ideal for spaces like restrooms.” Halo claims it uses machine learning, and flags “aggression events” using key words. It also uses “infrared and thermal counters” to monitor occupancy. Throne, a “smart” porta-potty used by transit agencies in California, boasts 21 sensors inside the bathroom.

Workers deserve to use the bathroom without the boss getting real time AI updates on their location, use time, temperature, tone of voice, or key words that could include “union,” “wage claim,” or other words bosses can use to deny workers the right to organize their co-workers.”

ARGUMENTS IN OPPOSITION: A coalition of private employer organizations, including the California Chamber of Commerce, are opposed to the measure as it read before the recent amendments. Their opposition arguments, which may no longer apply to the current version of the bill, included:

“AB 1331 jeopardizes safety and security in every workplace:

- AB 1331 applies to both public and private employers, including schools, hospitals, gambling establishments, cities, counties, correctional facilities, small businesses, and more.

- AB 1331 permanently bans any use of AI in security systems used in a break room or cafeteria. This means banning the following:

• Technology that pinpoints where there is an ongoing emergency, including gunshot detection or detection of sounds over a specific decibel
• Technology that can detect in video footage when and where violence or theft occurred
• Technology used to help find lost children in theme parks

- AB 1331 permanently bans any recording of audio in break rooms or cafeterias, including during an ongoing emergency

- AB 1331 allows workers (including any contractor who ever sets foot on premises) to request copies of video footage they are in, regardless of who else or what else is in that footage.

- AB 1331 functionally prohibits even simple use of AI”

ASSEMBLY FLOOR: 55-15, 6/5/25

AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Gabriel, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas

NOES: Ávila Farías, DeMaio, Dixon, Ellis, Gallagher, Jeff Gonzalez, Hadwick, Hoover, Macedo, Patterson, Ramos, Sanchez, Ta, Tangipa, Wallis

NO VOTE RECORDED: Alanis, Castillo, Chen, Davies, Flora, Lackey, Nguyen, Ortega, Pacheco

Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556

8/28/26 11:28:44

**** END ****

 THIRD READING  

Bill No: AB 1331

Author: Elhawary (D), et al.

Amended: 8/21/26 in Senate

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-1, 6/25/25

AYES: Smallwood-Cuevas, Cortese, Durazo, Laird

NOES: Strickland

SENATE JUDICIARY COMMITTEE: 9-2, 7/15/25

AYES: Umberg, Arreguín, Ashby, Caballero, Durazo, Laird, Wahab, Weber Pierson, Wiener

NOES: Niello, Valladares

NO VOTE RECORDED: Allen, Stern

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/29/25

AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab

NOES: Seyarto, Dahle

ASSEMBLY FLOOR: 55-15, 6/5/25 - See last page for vote

SUBJECT: Workplace surveillance

SOURCE: California Federation of Labor Unions

DIGEST:

This bill prohibits an employer, both public and private, from using a workplace surveillance tool to monitor or surveil employees in a bathroom located in the workplace.

Senate Floor Amendments of 8/21/26 1) strike previous prohibitions on the use of workplace surveillance tools to monitor employees in locker rooms, changing areas, and lactation spaces but retains the limitations on the use these tools in bathrooms; 2) permit an employee to bring a workplace surveillance tool into a bathroom as long as the tool meets specified criteria; 3) strike anti-retaliation provisions; and 4) add provisions granting a petitioner, in any civil action brought for alleged violations, the right to seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorney’s fees and costs.

ANALYSIS:

Existing law:

1. States that the “right to privacy is a personal and fundamental right protected by Section 1 of Article I of the Constitution of California and by the United States Constitution and that all individuals have a right of privacy in information pertaining to them.” Further states these findings of the Legislature:
   1. The right to privacy is being threatened by the indiscriminate collection, maintenance, and dissemination of personal information and the lack of effective laws and legal remedies.
   2. The increasing use of computers and other sophisticated information technology has greatly magnified the potential risk to individual privacy that can occur from the maintenance of personal information.
   3. In order to protect the privacy of individuals, it is necessary that the maintenance and dissemination of personal information be subject to strict limits. (Civil Code §1798.1)
2. States that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of such devices and techniques has created a serious threat to the free exercise of personal liberties that cannot be tolerated in a free and civilized society. (Penal Code §630)
3. Prohibits a person from intentionally, and without the consent of all parties to a confidential communication, using an electronic amplifying or recording device to eavesdrop upon or record the confidential communication. For purposes of these provisions, defines a “person” to mean an individual, business association, partnership, corporation, limited liability company, or other legal entity. (Penal Code §632)
4. Establishes the California Consumer Privacy Act (CCPA), which grants consumers certain rights with regard to their personal information, including enhanced notice, access, and disclosure; the right to deletion; the right to restrict the sale of information; and protection from discrimination for exercising these rights. It places attendant obligations on businesses to respect those rights. (Civil Code §1798.100 et seq.)
5. Establishes the Consumer Privacy Rights Act (CPRA), which amends the CCPA and creates the California Privacy Protection Agency (PPA), which is charged with implementing these privacy laws, promulgating regulations, and carrying out enforcement actions. (Civil Code §1798.100 et seq.; Proposition 24 (2020))
6. Establishes within the Department of Industrial Relations (DIR), various entities including the Division of Labor Standards Enforcement (DLSE) under the direction of the Labor Commissioner (LC), and empowers the LC with ensuring a just day’s pay in every workplace and promotes economic justice through robust enforcement of labor laws. (Labor Code §79-107)
7. Prohibits an employer from causing an audio or video recording to be made of an employee in a restroom, locker room, or room designated by an employer for changing clothes, unless authorized by court order. No recording made in violation of this prohibition may be used by an employer for any purpose. A violation of this section constitutes an infraction. (Labor Code §435)
8. Authorizes, until January 1, 2029, a public prosecutor to prosecute an action, either civil or criminal, for a violation of certain provisions of the labor code or to enforce those provisions independently. (Labor Code §181)

This bill:

1. Defines, among other terms, the following:
   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.
      1. “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 (i) above and any entity or individual that contracts with the labor contractor for labor or services, including, but not limited to, a “client employer” under Labor Code Section 2810.3 or an individual or business entity that contracts for property services under Labor Code Section 238.5.
      3. “Employer” includes a farm labor contractor, as defined in Labor Code Section 1682, or foreign labor contractor, as defined in Section 9998.1 of the Business and Professions Code.
   2. “Workplace surveillance tool” means a system, application, instrument, or device that collects or facilitates the collection of employee data, activities, communications, actions, biometrics, or behaviors by means other than direct observation by a person, including, but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, 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.
2. Prohibits an employer, unless directed by a court order, from using a workplace surveillance tool to monitor or surveil employees in a bathroom located in the workplace.
3. Grants employees the right to leave behind workplace surveillance tools that are on their person or in their possession when entering a bathroom.
4. Specifies that (3) above does not apply, and therefore a worker does not have the right to leave behind workplace surveillance tools that are on their person or possession, if the employee is required to remain available during meal or rest periods pursuant to federal or existing state law.
5. Notwithstanding the specified prohibitions, authorizes an employer to check workplace surveillance tools for the one-time entry and exit of bathrooms in the workplace.
6. Specifies that an employer is not in violation of the bill’s prohibitions in any of the following circumstances:
   1. An employee brings a workplace surveillance tool into a bathroom in the workplace because it is required to access a locked or secured area.
   2. An employee voluntarily chooses to bring a workplace surveillance tool into a bathroom in the workplace.
   3. An employee brings a workplace surveillance tool, including a badge or personal alarm system, into a bathroom in the workplace because the employer has a policy that requires workplace surveillance tools to be in the employee’s possession while on work premises for identification or safety purposes, if the workplace surveillance tool meets both of the following conditions:
      1. Does not detect or record audio or video.
      2. Is not artificial intelligence enabled.
7. Authorizes the Labor Commissioner to enforce these provisions, 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 under existing law, as specified, including issuing a citation against an employer who violates these provisions and filing a civil action.
   1. If a citation is issued, specifies that the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the LC shall be the same as those set forth in existing law, as specified.
8. Authorizes these provisions to also be enforced by a public prosecutor, as specified.
9. In any civil action brought, authorizes the petitioner to seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorney’s fees and costs.
10. Specifies that in addition to any other remedy, an employer who violates these provisions shall be subject to a penalty of $500 for each violation.
11. Provides that an action 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.
12. Provides that the above provisions are not intended to limit any other state or local law, as specified, that provides equal or greater protection to employees.
13. Specifies that the above provisions are severable and if any provision is held invalid, that invalidity shall not affect other provisions or applications that can be given effect.
14. Specifies that these provisions do not prohibit any employer from using workplace surveillance tools as required by federal law or existing state law nor do they authorize an employer to use these as prohibited by federal law or existing state law.
15. Specifies that these provisions do not prohibit the use of a workplace surveillance tool by an employer relating to either of the following:
    1. The development of an aircraft for use in the national airspace.
    2. The development of products or services for national security, military, space, or defense purposes.
16. For purposes of (15) above, specifies that these provisions apply 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, regulation, or the binding federal contract.
17. Specifies that this bill’s provisions do not apply to a law enforcement agency that includes any employee who is a peace officer, as specified, when it acts as a law enforcement agency or as the employer of its own employees.
    1. For purposes of this provision, specifies that a law enforcement agency is not to be deemed the employer of any employees who are not directly employed by the law enforcement agency.
18. Finds and declares that the provisions of the bill address a matter of statewide concern rather than a municipal affair, therefore, section 1 applies to all cities, including charter cities.

Background

Need for this bill? According to the author: “As technology’s capabilities have increased, employer surveillance of workers has increased. Recent reports from ExpressVPN found that close to 80% of employers use monitoring software to track employee performance. With employer surveillance on the rise, workers have limited access to spaces in their workplace, that are not under constant surveillance. Employers use workplace surveillance to track, monitor, manage, and prevent workers from advocating for their rights. The new surveillance state at the workplace has proven to increase psychological distress, stress, and lower job satisfaction among workers.”

Related/Prior Legislation

AB 1883 (Bryan, 2026) would regulate the use of workplace surveillance tools by both public and private employers. Specifically, the bill would, with certain exceptions, prohibit an employer from using a workplace surveillance tool that uses artificial intelligence to, among other things, collect neural data or recognize an individual’s emotional state. AB 1883 is pending on the Senate Floor.

SB 947 (McNerney, 2026) would, among other things, prohibit an employer from using an ADS to perform certain actions and regulates allowable ADS uses. SB 947 is pending on the Assembly Floor.

SB 951 (Reyes, 2026) would, among other things, establish the California Worker Technological Displacement Act requiring a covered employer to provide advance notice when artificial intelligence or other automated technology causes significant workforce disruption. SB 947 is pending on the Assembly Floor.

[NOTE: Please see the Senate Labor, Public Employment and Retirement Committee analysis on this bill for more background information and information on more prior and related legislation.]

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• This bill would result in costs to the State as a direct employer to revise policies and ensure the use of any existing tools comply with its requirements (General Fund or special fund). The magnitude of such costs is unknown, and would be driven by the use of workplace surveillance tools across the State’s roughly 200 departments and agencies.
• The Department of Industrial Relations (DIR) indicates that it would incur first-year costs of $1.23 million, and $1.67 million annually thereafter, to enforce the provisions of the bill. (Labor Enforcement and Compliance Fund).
• By authorizing public prosecution to enforce worker privacy rights, this bill could result in potentially significant cost pressures to the courts; the magnitude is unknown (Trial Court Trust Fund (TCTF)). The specific number of new actions that could be filed under the bill also is unknown; however, it generally costs about $10,500 to operate a courtroom for an eight-hour day. Courts are not funded on the basis of workload, and increased pressure on TCTF may create a need for increased funding for courts from the General Fund. The enacted 2025-26 budget includes $38 million in ongoing support from the General Fund to continue to backfill TCTF for revenue declines.
• This bill could result in increased penalty revenue to the State; the magnitude is unknown, but probably minor.

*Staff notes that the fiscal impacts noted above were provided for a previous version of this bill and do not reflect the amendments recently taken.

SUPPORT: (Verified 8/21/26)

California Federation of Labor Unions (Source)

Air Line Pilots Association, International
AFSCME California
Association of Flight Attendants - CWA
California Alliance for Retired Americans

California Civil Liberties Advocacy
California Coalition for Worker Power
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Employment Lawyers Association
California Federation of Teachers AFL-CIO
California Immigrant Policy Center
California Nurses Association

California Professional Firefighters
California School Employees Association
California State Legislative Board of the SMART - Transportation Division
California State University Employees Union
California Teamsters Public Affairs Council
Center for Democracy and Technology
Center for Inclusive Change
Center on Policy Initiatives
Church State Council
Coalition for Humane Immigrant Rights
Coalition of Black Trade Unionists, San Diego County Chapter
Communications Workers of America, District 9
Community Agency for Resources, Advocacy and Services
Consumer Attorneys of California
Consumer Federation of California
Engineers and Scientists of California, IFPTE Local 20, AFL-CIO

Inland Empire Labor Council
International Cinematographers Guild, Local 600, IATSE
International Lawyers Assisting Workers Network
Los Angeles Alliance for a New Economy

Los Angeles County Democratic Party
National Employment Law Project
National Union of Healthcare Workers
Northern CA District Council of the Int. Longshore and Warehouse Union
Oakland Privacy

Omidyar Network
Pillars of the Community
PowerSwitch Action
Rise Economy
San Diego Black Workers Center
Secure Justice
SEIU California State Council
Surveillance Resistance Lab
Teamsters California
TechEquity Action
The Center for AI and Digital Policy
The Workers Lab
Transport Workers Union of America, AFL-CIO
UNITE HERE! International Union, AFL-CIO
UNITE HERE! Local 11
United Food and Commercial Workers, Western States Council
Utility Workers Union of America
Warehouse Worker Resource Center
Workers' Algorithm Observatory
Working Partnerships USA
Worksafe

OPPOSITION: (Verified 8/21/26)

Acclamation Insurance Management Services

ADT Security Services

Aerospace and Defense Alliance of California
Agricultural Council of California

Allied Managed Care
American Petroleum and Convenience Store Association
American Property Casualty Insurance Association
Anaheim Chamber of Commerce
Associated General Contractors of California
Associated General Contractors – San Diego Chapter
Association of California Healthcare Districts
Association of California School Administrators
Association of Orange County Deputy Sheriff's
Brea Chamber of Commerce
CalBroadband
Calforests

California Alarm Association
California Alliance of Family Owned Businesses
California Apartment Association
California Association of Health Facilities
California Association of Joint Powers Authorities
California Association of Licensed Security Agencies, Guards & Associates

California Association of Recreation and Park Districts

California Association of School Business Officials
California Association of Sheet Metal & Air Conditioning Contractors National
California Association of Winegrape Growers
California Attractions and Parks Association
California Automatic Vendors Council
California Bankers Association
California Beer and Beverage Distributors
California Cardroom Alliance
California Chamber of Commerce

California Cities for Self-reliance Joint Powers Authority
California Construction and Industrial Materials Association
California Credit Union League
California Farm Bureau
California Fitness Alliance
California Fraternal Order of Police
California Fuels and Convenience Alliance
California Gaming Association
California Grocers Association
California Hospital Association
California Hotel & Lodging Association
California Landscape Contractors Association
California League of Food Producers
California Manufacturers and Technology Association
California Moving and Storage Association

California Municipal Utilities Association

California Pawnbrokers Association
California Pest Management Association
California Restaurant Association
California Retailers Association

California School Boards Association
California Special Districts Association
California State Association of Counties

California State Council of SHRM
California Statewide Law Enforcement Association
California Travel Association
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce

City of Concord

City of Orinda
Coalition of Small and Disabled Veteran Businesses
Colusa County Chamber of Commerce

Communities 4 California Cardrooms

Construction Employers' Association
Corona Chamber of Commerce

County of Fresno
County of Humboldt

County of Kern

County of Los Angeles Board of Supervisors

County of Mendocino
Dairy Institute of California
Dana Point Chamber of Commerce

El Dorado County Chamber of Commerce

El Dorado Hills Chamber of Commerce

Elk Grove Chamber of Commerce
Flasher Barricade Association

Folsom Chamber of Commerce
Garden Grove Chamber of Commerce
Greater Coachella Valley Chamber of Commerce
Greater Conejo Valley Chamber of Commerce
Greater High Desert Chamber of Commerce
Greater Riverside Chambers of Commerce
Housing Contractors of California
Insights Association
LA Cañada Flintridge Chamber of Commerce
Lake Elsinore Valley Chamber of Commerce
League of California Cities

Lincoln Area Chamber of Commerce
Livermore Valley Chamber of Commerce
Long Beach Area Chamber of Commerce
Long Beach Police Officers Association
Los Angeles Area Chamber of Commerce
Morgan Hill Chamber of Commerce
Murrieta Wildomar Chamber of Commerce
National Association of Theatre Owners of California
National Electrical Contractors Association
National Health and Fitness Association

Northern California Power Agency
Oceanside Chamber of Commerce
Orange County Business Council
Pacific Association of Building Service Contractors
Paso Robles and Templeton Chamber of Commerce
Public Risk Innovation, Solutions, and Management
Rancho Cordova Area Chamber of Commerce
Rancho Cucamonga Chamber of Commerce
Redondo Beach Chamber of Commerce

Resource Recovery Coalition of California

Rocklin Area Chamber of Commerce

Roseville Area Chamber of Commerce
Rural County Representatives of California
Sacramento County Deputy Sheriff's Association
San Diego Regional Chamber of Commerce
San Jose Chamber of Commerce
Santa Barbara South Coast Chamber of Commerce
Santa Clarita Valley Chamber of Commerce
Security Industry Association
Sheriff's Employee Benefits Association

Shingle Springs/Cameron Park Chamber of Commerce

SHRM

South Bay Association of Chambers of Commerce
Southwest California Legislative Council
TechNet
Torrance Area Chamber of Commerce
Tri County Chamber Alliance
Tulare Chamber of Commerce

United Chamber Advocacy Network
United Contractors
Urban Counties of California
Valley Industry and Commerce Association
Walnut Creek Chamber of Commerce & Visitors Bureau
Western Car Wash Association
Western Electrical Contractors Association
Western Growers Association
Wilmington Chamber of Commerce
Wine Institute

Yuba Sutter Chamber of Commerce

ARGUMENTS IN SUPPORT: According to the sponsors, the California Federation of Labor Unions:

“Artificial intelligence (AI) technologies go beyond video and audio surveillance and leaves workers vulnerable to surveillance by the boss while in bathrooms. This is not science fiction; AI surveillance is being used now. Halo Smart Sensor boasts that it is designed for “24/7 monitoring without video or audio…ideal for spaces like restrooms.” Halo claims it uses machine learning, and flags “aggression events” using key words. It also uses “infrared and thermal counters” to monitor occupancy. Throne, a “smart” porta-potty used by transit agencies in California, boasts 21 sensors inside the bathroom.

Workers deserve to use the bathroom without the boss getting real time AI updates on their location, use time, temperature, tone of voice, or key words that could include “union,” “wage claim,” or other words bosses can use to deny workers the right to organize their co-workers.”

ARGUMENTS IN OPPOSITION: A coalition of private employer organizations, including the California Chamber of Commerce, are opposed to the measure as it read before the recent amendments. Their opposition arguments, which may no longer apply to the current version of the bill, included:

“AB 1331 jeopardizes safety and security in every workplace:

- AB 1331 applies to both public and private employers, including schools, hospitals, gambling establishments, cities, counties, correctional facilities, small businesses, and more.

- AB 1331 permanently bans any use of AI in security systems used in a break room or cafeteria. This means banning the following:

• Technology that pinpoints where there is an ongoing emergency, including gunshot detection or detection of sounds over a specific decibel
• Technology that can detect in video footage when and where violence or theft occurred
• Technology used to help find lost children in theme parks

- AB 1331 permanently bans any recording of audio in break rooms or cafeterias, including during an ongoing emergency

- AB 1331 allows workers (including any contractor who ever sets foot on premises) to request copies of video footage they are in, regardless of who else or what else is in that footage.

- AB 1331 functionally prohibits even simple use of AI”

ASSEMBLY FLOOR: 55-15, 6/5/25

AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Gabriel, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas

NOES: Ávila Farías, DeMaio, Dixon, Ellis, Gallagher, Jeff Gonzalez, Hadwick, Hoover, Macedo, Patterson, Ramos, Sanchez, Ta, Tangipa, Wallis

NO VOTE RECORDED: Alanis, Castillo, Chen, Davies, Flora, Lackey, Nguyen, Ortega, Pacheco

Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556

8/24/26 14:06:07

**** END ****

 THIRD READING  

Bill No: AB 1331

Author: Elhawary (D), et al.

Amended: 9/4/25 in Senate

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-1, 6/25/25

AYES: Smallwood-Cuevas, Cortese, Durazo, Laird

NOES: Strickland

SENATE JUDICIARY COMMITTEE: 9-2, 7/15/25

AYES: Umberg, Arreguín, Ashby, Caballero, Durazo, Laird, Wahab, Weber Pierson, Wiener

NOES: Niello, Valladares

NO VOTE RECORDED: Allen, Stern

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/29/25

AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab

NOES: Seyarto, Dahle

ASSEMBLY FLOOR: 55-15, 6/5/25 - See last page for vote

SUBJECT: Workplace surveillance

SOURCE: California Federation of Labor Unions

DIGEST:

This bill regulates and limits the use of workplace surveillance tools, by both public and private employers, as specified.

Senate Floor Amendments of 9/4/25 1) clarify that a worker cannot leave behind workplace surveillance tools if a worker is required to use them for communication purposes during off-duty hours; 2) authorize the use of specified artificial intelligence tools in employee-only breakrooms or cafeterias so long as they do not have monitoring or surveillance capacity, as specified; 3) expand the list of peace officers exempt from this bill; and 4) add co-authors.

ANALYSIS:

Existing law:

1. States that the “right to privacy is a personal and fundamental right protected by Section 1 of Article I of the Constitution of California and by the United States Constitution and that all individuals have a right of privacy in information pertaining to them.” Further states these findings of the Legislature:
   1. The right to privacy is being threatened by the indiscriminate collection, maintenance, and dissemination of personal information and the lack of effective laws and legal remedies.
   2. The increasing use of computers and other sophisticated information technology has greatly magnified the potential risk to individual privacy that can occur from the maintenance of personal information.
   3. In order to protect the privacy of individuals, it is necessary that the maintenance and dissemination of personal information be subject to strict limits. (Civil Code §1798.1)
2. States that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of such devices and techniques has created a serious threat to the free exercise of personal liberties that cannot be tolerated in a free and civilized society. (Penal Code §630)
3. Prohibits a person from intentionally, and without the consent of all parties to a confidential communication, using an electronic amplifying or recording device to eavesdrop upon or record the confidential communication. For purposes of these provisions, defines a “person” to mean an individual, business association, partnership, corporation, limited liability company, or other legal entity. (Penal Code §632)
4. Establishes the California Consumer Privacy Act (CCPA), which grants consumers certain rights with regard to their personal information, including enhanced notice, access, and disclosure; the right to deletion; the right to restrict the sale of information; and protection from discrimination for exercising these rights. It places attendant obligations on businesses to respect those rights. (Civil Code §1798.100 et seq.)
5. Establishes the Consumer Privacy Rights Act (CPRA), which amends the CCPA and creates the California Privacy Protection Agency (PPA), which is charged with implementing these privacy laws, promulgating regulations, and carrying out enforcement actions. (Civil Code §1798.100 et seq.; Proposition 24 (2020))
6. Establishes within the Department of Industrial Relations (DIR), various entities including the Division of Labor Standards Enforcement (DLSE) under the direction of the Labor Commissioner (LC), and empowers the LC with ensuring a just day’s pay in every workplace and promotes economic justice through robust enforcement of labor laws. (Labor Code §79-107)
7. Prohibits an employer from causing an audio or video recording to be made of an employee in a restroom, locker room, or room designated by an employer for changing clothes, unless authorized by court order. No recording made in violation of this prohibition may be used by an employer for any purpose. A violation of this section constitutes an infraction. (Labor Code §435)
8. Authorizes, until January 1, 2029, a public prosecutor to prosecute an action, either civil or criminal, for a violation of certain provisions of the labor code or to enforce those provisions independently. (Labor Code §181)

This bill:

1. Defines, among other terms, the following:
   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.
      1. “Employer” includes an employer’s labor contractor.
      2. “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.
   2. “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.
   3. “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.
      1. “Workplace surveillance tool” does not include smoke or carbon monoxide detectors or weapon detection systems that automatically screen a person’s body.
   4. “Public prosecutor” means the Attorney General, a district attorney, a city attorney, a county counsel, or any other city or county prosecutor.
2. Prohibits an employer, unless directed by a court order, from using 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.
3. Except as specified below, authorizes a worker to leave behind workplace surveillance tools that are on their person or in their possession in both of the following circumstances:
   1. When entering an area listed in (2) above, employee-only breakrooms and cafeterias, and public bathrooms.
   2. During off-duty hours, excluding rest periods.
4. Specifies that (3) above does not apply, and therefore a worker does not have the right to leave behind workplace surveillance tools that are on their person or possession, in both of the following circumstances:
   1. A worker is required to remain available during meal or rest periods pursuant to federal law or existing state law.
   2. A workers is required to use a workplace surveillance tool, such as a phone, for communication purposes for the job during off-duty hours.
5. Prohibits an employer from requiring a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body.
6. Prohibits an employer from using audio surveillance to record employee-only breakrooms or cafeterias.
7. If an employer uses a workplace surveillance tool in an employee-only breakroom or cafeteria, requires the employer to post signage in the area notifying workers that they are subject to surveillance that does not record audio.
   1. Prohibits the workplace surveillance tool in an employee-only breakroom or cafeteria from using generative artificial intelligence enabled video surveillance.
   2. Authorizes the workplace surveillance tool to use artificial intelligence photo or video correction tools that do not have monitoring or surveillance capacity.
8. Authorizes a worker or their authorized representative to request video surveillance that the worker is in.
9. Authorizes an employer to use workplace surveillance tools that passively surveil workers in an area not listed in (2) above 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.
10. Notwithstanding the prohibitions specified, authorizes an employer to check workplace surveillance tools for the one-time entry and exit in the areas listed in (2) above 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.
11. On a multiemployer jobsite, requires the controlling employer to 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. Specifies that such a notice satisfy the requirement for any employer whose employees perform work on that jobsite.
12. Specifies that an employer is not in violation of this bill’s provisions in any of the following circumstances:
    1. A worker brings a workplace surveillance tool into an area listed in (2) above 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 (2) above 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, or keeps on their person during off-duty hours, a workplace surveillance tool, including a badge or personal alarm system, into an area listed in (2) above or employee-only breakrooms or cafeterias 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:
       1. Does not detect or record audio.
       2. Is not artificial intelligence enabled.
13. Prohibits 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.
14. Prohibits an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating against an employee for using, or attempting to use, the employee’s rights under this part, including the filing of a complaint, as specified.
15. Specifies that in addition to any other remedy, an employer who violates these provisions shall be subject to a civil penalty of $500 per violation.
16. In addition to any other remedy, authorizes the Labor Commissioner to enforce these provisions, 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 including by issuing a citation and filing a civil action, as specified.
17. Authorizes these provisions to also be enforced by a public prosecutor, as specified.
18. Provides that the above provisions do not preempt any local law that provides equal or greater protection to workers.
19. Specifies that the above provisions are severable and if any provision is held invalid, that invalidity shall not affect other provisions or applications that can be given effect.
20. Provides that these provisions do 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 these provisions, or to enforce the provisions independently and without specific direction of the LC or the Division of Labor Standards Enforcement.
21. Specifies that these provisions do not prohibit any employer from using workplace surveillance tools as required by federal law or existing state law.
22. Specifies that these provisions do not authorize any employer to use workplace surveillance tools as prohibited by federal law or existing state law.
23. Exempts from all these provisions, an employer that does either of the following:
    1. Develops products for national security, military, space, or defense purposes.
    2. Develops aircraft for operation in national airspace.
24. Specifies that this bill’s provisions do not apply to a law enforcement agency that includes any employee who is a peace officer, as specified, when it acts as a law enforcement agency or as the employer of its own employees.
    1. For purposes of this provision, specifies that a law enforcement agency is not to be deemed the employer of any employees who are not directly employed by the law enforcement agency.

Background

Need for this bill? According to the author: “As technology’s capabilities have increased, employer surveillance of workers has increased. Recent reports from ExpressVPN found that close to 80% of employers use monitoring software to track employee performance. With employer surveillance on the rise, workers have limited access to spaces in their workplace, that are not under constant surveillance. Employers use workplace surveillance to track, monitor, manage, and prevent workers from advocating for their rights. The new surveillance state at the workplace has proven to increase psychological distress, stress, and lower job satisfaction among workers.”

Related/Prior Legislation

SB 7 (McNerney, 2025) would regulate the use of automated decision systems (ADS) in the employment setting. SB 7 is pending on the Assembly Floor.

AB 1018 (Bauer-Kahan, 2025) would, among other things, regulate the development and deployment of an ADS used to make consequential decisions, as defined. AB 1018 is pending on the Senate Floor.

[NOTE: Please see the Senate Labor, Public Employment and Retirement Committee analysis on this bill for more background information and information on additional prior and related legislation.]

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• This bill would result in costs to the State as a direct employer to revise policies and ensure the use of any existing tools comply with its requirements (General Fund or special fund). The magnitude of such costs is unknown, and would be driven by the use of workplace surveillance tools across the State’s roughly 200 departments and agencies.
• The Department of Industrial Relations (DIR) indicates that it would incur first-year costs of $1.23 million, and $1.67 million annually thereafter, to enforce the provisions of the bill. (Labor Enforcement and Compliance Fund).
• By authorizing public prosecution to enforce worker privacy rights, this bill could result in potentially significant cost pressures to the courts; the magnitude is unknown (Trial Court Trust Fund (TCTF)). The specific number of new actions that could be filed under the bill also is unknown; however, it generally costs about $10,500 to operate a courtroom for an eight-hour day. Courts are not funded on the basis of workload, and increased pressure on TCTF may create a need for increased funding for courts from the General Fund. The enacted 2025-26 budget includes $38 million in ongoing support from the General Fund to continue to backfill TCTF for revenue declines.
• This bill could result in increased penalty revenue to the State; the magnitude is unknown, but probably minor.

SUPPORT: (Verified 9/4/25)

California Federation of Labor Unions (Source)

Air Line Pilots Association, International
AFSCME California
Association of Flight Attendants - CWA
California Alliance for Retired Americans

California Civil Liberties Advocacy
California Coalition for Worker Power
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Employment Lawyers Association
California Federation of Teachers AFL-CIO
California Immigrant Policy Center
California Nurses Association

California Professional Firefighters
California School Employees Association
California State Legislative Board of the SMART - Transportation Division
California State University Employees Union
California Teamsters Public Affairs Council
Center for Democracy and Technology
Center for Inclusive Change
Center on Policy Initiatives
Church State Council
Coalition for Humane Immigrant Rights
Coalition of Black Trade Unionists, San Diego County Chapter
Communications Workers of America, District 9
Community Agency for Resources, Advocacy and Services
Consumer Attorneys of California
Consumer Federation of California
Engineers and Scientists of California, IFPTE Local 20, AFL-CIO

Inland Empire Labor Council
International Cinematographers Guild, Local 600, IATSE
International Lawyers Assisting Workers Network
Los Angeles Alliance for a New Economy

Los Angeles County Democratic Party
National Employment Law Project
National Union of Healthcare Workers
Northern CA District Council of the Int. Longshore and Warehouse Union
Oakland Privacy

Omidyar Network
Pillars of the Community
PowerSwitch Action
Rise Economy
San Diego Black Workers Center
Secure Justice
SEIU California State Council
Surveillance Resistance Lab
Teamsters California
TechEquity Action
The Center for AI and Digital Policy
The Workers Lab
Transport Workers Union of America, AFL-CIO
UNITE HERE! International Union, AFL-CIO
UNITE HERE! Local 11
United Food and Commercial Workers, Western States Council
Utility Workers Union of America
Warehouse Worker Resource Center
Workers' Algorithm Observatory
Working Partnerships USA
Worksafe

OPPOSITION: (Verified 9/4/25)

Acclamation Insurance Management Services

ADT Security Services

Aerospace and Defense Alliance of California
Agricultural Council of California

Allied Managed Care
American Petroleum and Convenience Store Association
American Property Casualty Insurance Association
Anaheim Chamber of Commerce
Associated General Contractors of California
Associated General Contractors – San Diego Chapter
Association of California Healthcare Districts
Association of California School Administrators
Association of Orange County Deputy Sheriff's
Brea Chamber of Commerce
CalBroadband
Calforests

California Alarm Association
California Alliance of Family Owned Businesses
California Apartment Association
California Association of Health Facilities
California Association of Joint Powers Authorities
California Association of Licensed Security Agencies, Guards & Associates

California Association of Recreation and Park Districts

California Association of School Business Officials
California Association of Sheet Metal & Air Conditioning Contractors National
California Association of Winegrape Growers
California Attractions and Parks Association
California Automatic Vendors Council
California Bankers Association
California Beer and Beverage Distributors
California Cardroom Alliance
California Chamber of Commerce

California Cities for Self-reliance Joint Powers Authority
California Construction and Industrial Materials Association
California Credit Union League
California Farm Bureau
California Fitness Alliance
California Fraternal Order of Police
California Fuels and Convenience Alliance
California Gaming Association
California Grocers Association
California Hospital Association
California Hotel & Lodging Association
California Landscape Contractors Association
California League of Food Producers
California Manufacturers and Technology Association
California Moving and Storage Association

California Municipal Utilities Association

California Pawnbrokers Association
California Pest Management Association
California Restaurant Association
California Retailers Association

California School Boards Association
California Special Districts Association
California State Association of Counties

California State Council of SHRM
California Statewide Law Enforcement Association
California Travel Association
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce

City of Concord

City of Orinda
Coalition of Small and Disabled Veteran Businesses
Colusa County Chamber of Commerce

Communities 4 California Cardrooms

Construction Employers' Association
Corona Chamber of Commerce

County of Fresno
County of Humboldt

County of Kern

County of Los Angeles Board of Supervisors

County of Mendocino
Dairy Institute of California
Dana Point Chamber of Commerce

El Dorado County Chamber of Commerce

El Dorado Hills Chamber of Commerce

Elk Grove Chamber of Commerce
Flasher Barricade Association

Folsom Chamber of Commerce
Garden Grove Chamber of Commerce
Greater Coachella Valley Chamber of Commerce
Greater Conejo Valley Chamber of Commerce
Greater High Desert Chamber of Commerce
Greater Riverside Chambers of Commerce
Housing Contractors of California
Insights Association
LA Cañada Flintridge Chamber of Commerce
Lake Elsinore Valley Chamber of Commerce
League of California Cities

Lincoln Area Chamber of Commerce
Livermore Valley Chamber of Commerce
Long Beach Area Chamber of Commerce
Long Beach Police Officers Association
Los Angeles Area Chamber of Commerce
Morgan Hill Chamber of Commerce
Murrieta Wildomar Chamber of Commerce
National Association of Theatre Owners of California
National Electrical Contractors Association
National Health and Fitness Association

Northern California Power Agency
Oceanside Chamber of Commerce
Orange County Business Council
Pacific Association of Building Service Contractors
Paso Robles and Templeton Chamber of Commerce
Public Risk Innovation, Solutions, and Management
Rancho Cordova Area Chamber of Commerce
Rancho Cucamonga Chamber of Commerce
Redondo Beach Chamber of Commerce

Resource Recovery Coalition of California

Rocklin Area Chamber of Commerce

Roseville Area Chamber of Commerce
Rural County Representatives of California
Sacramento County Deputy Sheriff's Association
San Diego Regional Chamber of Commerce
San Jose Chamber of Commerce
Santa Barbara South Coast Chamber of Commerce
Santa Clarita Valley Chamber of Commerce
Security Industry Association
Sheriff's Employee Benefits Association

Shingle Springs/Cameron Park Chamber of Commerce

SHRM

South Bay Association of Chambers of Commerce
Southwest California Legislative Council
TechNet
Torrance Area Chamber of Commerce
Tri County Chamber Alliance
Tulare Chamber of Commerce

United Chamber Advocacy Network
United Contractors
Urban Counties of California
Valley Industry and Commerce Association
Walnut Creek Chamber of Commerce & Visitors Bureau
Western Car Wash Association
Western Electrical Contractors Association
Western Growers Association
Wilmington Chamber of Commerce
Wine Institute

Yuba Sutter Chamber of Commerce

ARGUMENTS IN SUPPORT:

According to a coalition of proponents:

“Workplace surveillance is not a new phenomenon; employers have surveilled workers for decades with traditional cameras and microphones. However, today’s workplace surveillance capabilities differ in scale, speed, and invasiveness. Employers now have access to a plethora of military grade tools, such as wearable devices, to monitor worker biometrics, speech, and location, as well as heat and retina tracking technology. With the use of these powerful surveillance tools, workers have limited access to spaces in their workplace that are not under constant surveillance. A 2024 study found two-thirds (68%) of U.S. workers report at least one form of electronic monitoring. The study also found 88% of large companies (1000 or more workers) have some form of monitoring, compared to 43% in smaller organizations. Areas such as restrooms, lactation spaces, and worker lounges are not protected from being surveilled with advanced technology that does not rely solely on traditional audio or visual recordings. The new surveillance state at the workplace has proven to increase the likelihood of discrimination, harassment, and psychological distress of workers.

To protect worker privacy in sensitive areas and from developing implantable technology, AB 1331 will update and expand existing workplace privacy laws to address new powerful forms of surveillance technology.”

ARGUMENTS IN OPPOSITION:

A coalition of private employer organizations, including the California Chamber of Commerce, are opposed to the measure and write:

“AB 1331 jeopardizes safety and security in every workplace:

- AB 1331 applies to both public and private employers, including schools, hospitals, gambling establishments, cities, counties, correctional facilities, small businesses, and more.

- AB 1331 permanently bans any use of AI in security systems used in a break room or cafeteria. This means banning the following:

• Technology that pinpoints where there is an ongoing emergency, including gunshot detection or detection of sounds over a specific decibel
• Technology that can detect in video footage when and where violence or theft occurred
• Technology used to help find lost children in theme parks

- AB 1331 permanently bans any recording of audio in break rooms or cafeterias, including during an ongoing emergency

- AB 1331 allows workers (including any contractor who ever sets foot on premises) to request copies of video footage they are in, regardless of who else or what else is in that footage.

- AB 1331 functionally prohibits even simple use of AI”

ASSEMBLY FLOOR: 55-15, 6/5/25

AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Gabriel, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas

NOES: Ávila Farías, DeMaio, Dixon, Ellis, Gallagher, Jeff Gonzalez, Hadwick, Hoover, Macedo, Patterson, Ramos, Sanchez, Ta, Tangipa, Wallis

NO VOTE RECORDED: Alanis, Castillo, Chen, Davies, Flora, Lackey, Nguyen, Ortega, Pacheco

Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556

9/8/25 21:40:15

**** END ****

 THIRD READING  

Bill No: AB 1331

Author: Elhawary (D), et al.

Amended: 8/29/25 in Senate

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-1, 6/25/25

AYES: Smallwood-Cuevas, Cortese, Durazo, Laird

NOES: Strickland

SENATE JUDICIARY COMMITTEE: 9-2, 7/15/25

AYES: Umberg, Arreguín, Ashby, Caballero, Durazo, Laird, Wahab, Weber Pierson, Wiener

NOES: Niello, Valladares

NO VOTE RECORDED: Allen, Stern

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/29/25

AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab

NOES: Seyarto, Dahle

ASSEMBLY FLOOR: 55-15, 6/5/25 - See last page for vote

SUBJECT: Workplace surveillance

SOURCE: California Federation of Labor Unions

DIGEST:

This bill regulates and limits the use of workplace surveillance tools, by both public and private employers, as specified.

ANALYSIS:

Existing law:

1. States that the “right to privacy is a personal and fundamental right protected by Section 1 of Article I of the Constitution of California and by the United States Constitution and that all individuals have a right of privacy in information pertaining to them.” Further states these findings of the Legislature:
   1. The right to privacy is being threatened by the indiscriminate collection, maintenance, and dissemination of personal information and the lack of effective laws and legal remedies.
   2. The increasing use of computers and other sophisticated information technology has greatly magnified the potential risk to individual privacy that can occur from the maintenance of personal information.
   3. In order to protect the privacy of individuals, it is necessary that the maintenance and dissemination of personal information be subject to strict limits. (Civil Code §1798.1)
2. States that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of such devices and techniques has created a serious threat to the free exercise of personal liberties that cannot be tolerated in a free and civilized society. (Penal Code §630)
3. Prohibits a person from intentionally, and without the consent of all parties to a confidential communication, using an electronic amplifying or recording device to eavesdrop upon or record the confidential communication. For purposes of these provisions, defines a “person” to mean an individual, business association, partnership, corporation, limited liability company, or other legal entity. (Penal Code §632)
4. Establishes the California Consumer Privacy Act (CCPA), which grants consumers certain rights with regard to their personal information, including enhanced notice, access, and disclosure; the right to deletion; the right to restrict the sale of information; and protection from discrimination for exercising these rights. It places attendant obligations on businesses to respect those rights. (Civil Code §1798.100 et seq.)
5. Establishes the Consumer Privacy Rights Act (CPRA), which amends the CCPA and creates the California Privacy Protection Agency (PPA), which is charged with implementing these privacy laws, promulgating regulations, and carrying out enforcement actions. (Civil Code §1798.100 et seq.; Proposition 24 (2020))
6. Establishes within the Department of Industrial Relations (DIR), various entities including the Division of Labor Standards Enforcement (DLSE) under the direction of the Labor Commissioner (LC), and empowers the LC with ensuring a just day’s pay in every workplace and promotes economic justice through robust enforcement of labor laws. (Labor Code §79-107)
7. Prohibits an employer from causing an audio or video recording to be made of an employee in a restroom, locker room, or room designated by an employer for changing clothes, unless authorized by court order. No recording made in violation of this prohibition may be used by an employer for any purpose. A violation of this section constitutes an infraction. (Labor Code §435)
8. Authorizes, until January 1, 2029, a public prosecutor to prosecute an action, either civil or criminal, for a violation of certain provisions of the labor code or to enforce those provisions independently. (Labor Code §181)

This bill:

1. Defines, among other terms, the following:
   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.
      1. “Employer” includes an employer’s labor contractor.
      2. “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.
   2. “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.
   3. “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.
      1. “Workplace surveillance tool” does not include smoke or carbon monoxide detectors or weapon detection systems that automatically screen a person’s body.
   4. “Public prosecutor” means the Attorney General, a district attorney, a city attorney, a county counsel, or any other city or county prosecutor.
2. Prohibits an employer, unless directed by a court order, from using 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.
3. Authorizes a worker to leave behind workplace surveillance tools that are on their person or in their possession in both of the following circumstances, unless a worker is required to remain available during meal or rest periods pursuant to federal law or existing state law.
   1. When entering an area listed in (2) above, employee-only breakrooms and cafeterias, and public bathrooms.
   2. During off-duty hours, excluding rest periods.
4. Prohibits an employer from requiring a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body.
5. Prohibits an employer from using audio surveillance to record employee-only breakrooms or cafeterias.
6. If an employer uses a workplace surveillance tool in an employee-only breakroom or cafeteria, requires the employer to post signage in the area notifying workers that they are subject to surveillance that does not record audio.
   1. Prohibits the workplace surveillance tool in an employee-only breakroom or cafeteria from using artificial intelligence monitoring capacity.
7. Authorizes a worker or their authorized representative to request video surveillance that the worker is in.
8. Authorizes an employer to use workplace surveillance tools that passively surveil workers in an area not listed in (2) above 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.
9. Notwithstanding the prohibitions specified, authorizes an employer to check workplace surveillance tools for the one-time entry and exit in the areas listed in (2) above 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.
10. On a multiemployer jobsite, requires the controlling employer to 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. Specifies that such a notice satisfy the requirement for any employer whose employees perform work on that jobsite.
11. Specifies that an employer is not in violation of this bill’s provisions in any of the following circumstances:
    1. A worker brings a workplace surveillance tool into an area listed in (2) above 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 (2) above 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, or keeps on their person during off-duty hours, a workplace surveillance tool, including a badge or personal alarm system, into an area listed in (2) above or employee-only breakrooms or cafeterias 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:
       1. Does not detect or record audio.
       2. Is not artificial intelligence enabled.
12. Prohibits 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.
13. Prohibits an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating against an employee for using, or attempting to use, the employee’s rights under this part, including the filing of a complaint, as specified.
14. Specifies that in addition to any other remedy, an employer who violates these provisions shall be subject to a civil penalty of $500 per violation.
15. In addition to any other remedy, authorizes the Labor Commissioner to enforce these provisions, 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 including by issuing a citation and filing a civil action, as specified.
16. Authorizes these provisions to also be enforced by a public prosecutor, as specified.
17. Provides that the above provisions do not preempt any local law that provides equal or greater protection to workers.
18. Specifies that the above provisions are severable and if any provision is held invalid, that invalidity shall not affect other provisions or applications that can be given effect.
19. Provides that these provisions do 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 these provisions, or to enforce the provisions independently and without specific direction of the LC or the Division of Labor Standards Enforcement.
20. Specifies that these provisions do not prohibit any employer from using workplace surveillance tools as required by federal law or existing state law.
21. Specifies that these provisions do not authorize any employer to use workplace surveillance tools as prohibited by federal law or existing state law.
22. Exempts from all these provisions, an employer that does either of the following:
    1. Develops products for national security, military, space, or defense purposes.
    2. Develops aircraft for operation in national airspace.
23. Specifies that this bill’s provisions do not apply to a law enforcement agency that includes any employee who is a peace officer, as specified, when it acts as a law enforcement agency or as the employer of its own employees.
    1. For purposes of this provision, specifies that a law enforcement agency is not to be deemed the employer of any employees who are not directly employed by the law enforcement agency.

Background

Need for this bill? According to the author: “As technology’s capabilities have increased, employer surveillance of workers has increased. Recent reports from ExpressVPN found that close to 80% of employers use monitoring software to track employee performance. With employer surveillance on the rise, workers have limited access to spaces in their workplace, that are not under constant surveillance. Employers use workplace surveillance to track, monitor, manage, and prevent workers from advocating for their rights. The new surveillance state at the workplace has proven to increase psychological distress, stress, and lower job satisfaction among workers.”

Related/Prior Legislation

SB 7 (McNerney, 2025) would regulate the use of automated decision systems (ADS) in the employment setting. SB 7 is pending on the Assembly Floor.

AB 1018 (Bauer-Kahan, 2025) would, among other things, regulate the development and deployment of an ADS used to make consequential decisions, as defined. AB 1018 is pending on the Senate Floor.

[NOTE: Please see the Senate Labor, Public Employment and Retirement Committee analysis on this bill for more background information and information on additional prior and related legislation.]