10-15-2026
Employer Insight: California continues to make efforts to regulate A.I. in the workplace.
- AI Surveillance Tools (AB 1883): Employers are prohibited from using AI-powered surveillance tools that can recognize or make inferences or predictions about an individual’s emotional state or that can collect neural data. Neural data is defined as information gathered by measuring the central or peripheral nervous system.
This law targets new tech, including emotion-recognition software and neural monitoring devices, which are intended to measure whether an employee is concentrating, tired, or stressed. These tools collect employee data, activities, communications, actions, biometrics, and behaviors. Such tools could include video and audio systems, GPS and other location-tracking systems, time-and pace-tracking systems, electromagnetic and optical systems, and biometric tools.
The law exempts industries subject to federal law or contracts, employers responsible for developing aircraft used in national airspace, and employers developing products related to national security, military, space, or defense purposes.
The California Labor Commissioner and “public prosecutors” at any level (city, county, and state) may pursue enforcement of this section and AB 1331 (see below), with employees entitled to injunctive relief, punitive damages, attorney’s fees, and costs. Employers may also face penalties of $500 per violation.
- Workplace Surveillance Restrictions on Private Areas (AB 1331): This law prohibits an employer from monitoring or surveilling workers in private, off-duty areas, and requires workplace surveillance tools to be disabled during off-duty hours.
Specifically, employers cannot use a workplace surveillance tool to monitor or surveil workers in private, off-duty areas, including, but not limited to, bathrooms, locker rooms, changing areas, breakrooms, smoking areas, lactation spaces, employee cafeterias, and lounges. This prohibition encompasses any data collection on the frequency of use of those private areas. Employers are also prohibited from monitoring a worker’s residence or personal vehicle, unless that surveillance is strictly necessary. Workplace surveillance tools also must be disabled during off-duty hours, including rest and break periods.
Employers cannot require a worker to physically implant a device that collects or transmits data, including one installed subcutaneously.
Employers may require the use of a badge or personal alarm system to “access a locked or secured bathroom,” so long as it does not have audio or video recording capability and is not connected to AI.