California law did not previously contain a specific statewide prohibition against employers using artificial intelligence-based workplace surveillance to infer employees’ emotions or collect neural data.
AB 1883 prohibits employers from using a workplace surveillance tool that uses artificial intelligence to recognize, infer, or predict an employee’s emotional state or collect neural data. AB 1883 allows the use of workplace surveillance tools for safety purposes where the tool is not being used for one of the prohibited purposes and contains limited exceptions for certain federally-regulated aviation, national security, military, space, and defense operations. The Labor Commissioner and public prosecutors may enforce the law, and employers may face penalties of up to $500 per violation.
AB 1883 applies broadly to all employers.
Employers should inventory workplace technologies that use artificial intelligence, particularly biometric, monitoring, productivity, wellness, or employee-assessment tools, and confirm that they are not collecting neural data or evaluating employees’ emotional states.
AB 1883 adds Part 5.8, commencing with section 1580, to Division 2 of the Labor Code.
