Workplace surveillance.

Assembly Member Elhawary's workplace surveillance legislation establishes new restrictions on employers' use of electronic monitoring tools while creating privacy protections for California workers. The bill prohibits employers from using surveillance systems to monitor employees in designated private areas including bathrooms, locker rooms, changing areas, and lactation spaces, except when mandated by court order.

Workers gain the right to leave employer-provided surveillance devices behind when entering these protected spaces, as well as during off-duty hours and when using employee-only break areas. However, the bill maintains exceptions for workers required to remain available during breaks under existing law or who must use monitored devices like phones for essential job communications. The legislation explicitly bars employers from requiring workers to surgically implant monitoring devices and places restrictions on audio recording and artificial intelligence-enabled surveillance in break areas.

To ensure compliance, the bill authorizes the Labor Commissioner to investigate violations and issue citations, while establishing a civil penalty of $500 per violation. Public prosecutors may also pursue enforcement actions. The requirements exempt employers developing national security and defense products, as well as law enforcement agencies operating in their official capacity. Local jurisdictions retain authority to enact stronger worker protections beyond the bill's baseline standards.