Governor Gavin Newsom has signed Assembly Bill (AB) 1331, which takes effect January 1, 2027, and adds Part 5.8 to the California Labor Code (beginning at Section 1560). The law imposes new limits on workplace surveillance tools, requiring employers to reassess monitoring practices, privacy boundaries, and compliance controls.

What AB 1331 Does

AB 1331 broadly defines a “workplace surveillance tool” as any system, application, instrument, or device that collects or facilitates collection of employee data, activities, communications, actions, biometrics, or behaviors other than through direct human observation. The definition covers video and audio systems, GPS and other location tracking, time- and pace-tracking, electromagnetic and optical systems, and biometric tools; it excludes smoke detectors, carbon monoxide detectors, and weapon-detection systems that automatically screen a person’s body.

Key Prohibitions

AB 1331 prohibits surveillance in private or off-duty workplace spaces, including bathrooms, locker rooms, changing areas, breakrooms, cafeterias, smoking areas, lactation spaces, and lounges. It prohibits tracking how often employees use those spaces. Monitoring an employee’s home, personal vehicle, or personal property is allowed only when “strictly necessary”; surveillance tools must also be disabled during off-duty hours, including rest and meal breaks, wherever the employee is located. Employers may not require workers to physically implant devices that...

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