Existing law authorizes the Labor Commissioner to enforce California labor laws but did not specifically regulate an employer’s use of workplace surveillance devices in employee bathrooms.
AB 1331 defines a “workplace surveillance tool” broadly to include systems or devices that collect employee data, activities, communications, biometrics, or behavior through means such as video or audio surveillance, geolocation, electronic tracking, or similar technology.
AB 1331 generally prohibits an employer from using a workplace surveillance tool to monitor or surveil employees inside workplace bathrooms, unless directed by a court order. AB 1331 authorizes employees to leave behind surveillance tools that are on their person or in their possession before entering a bathroom. AB 1331 contains limited exceptions, including certain identification or safety devices that do not record audio or video or contain embedded artificial intelligence. Employers may also monitor a device’s one-time entry into and exit from a bathroom. Violations may result in civil penalties of up to $500 per violation, and the law may be enforced by the Labor Commissioner or a public prosecutor.
Employers should review electronic badges, GPS devices, body-worn or employer-issued technology, time-tracking systems, and other monitoring devices to ensure their use does not result in prohibited surveillance inside employee bathrooms. Policies should also account for employees’ statutory right to leave covered devices behind where applicable.
AB 1331 adds Part 5.8, commencing with section 1560, to Division 2 of the Labor Code.
