California employers will no longer be able to use electronic tracking tools to monitor workers in workplace bathrooms, which sounds like a non-controversial law that all sides should agree with. But AB 1331, signed into law late yesterday by Governor Newsom and taking effect January 1, 2027, defines “workplace surveillance tools” so broadly that it reaches badge readers, wearables, geolocation on company phones, and incremental time-tracking software – and allows employees to leave these tools behind when using the bathroom if they want. Here are the top 10 things you need to know about the new law and six action steps you should take before January 1.
1. Employers Can’t Use Surveillance Tools to Monitor Bathrooms
Under the new law, an employer may not use a workplace surveillance tool to monitor or surveil employees in a workplace bathroom unless directed by a court order. The law takes effect on January 1, 2027.
2. The Definition of “Surveillance Tool” is Broad Enough to Capture Common Workplace Trackers
The statute defines “workplace surveillance tool” as any 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. It expressly includes:
This means that...
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