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| 1 | + | Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1221Introduced by Assembly Member Bryan(Coauthor: Assembly Member Elhawary)(Coauthor: Senator McNerney)February 21, 2025An act to amend Section 1102.5 add Part 5.7 (commencing with Section 1550) to Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1221, as amended, Bryan. Employment: whistleblowers. Workplace surveillance tools.Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law authorizes the division, which is headed by the Labor Commissioner, to enforce the Labor Code and all labor laws of the state, the enforcement of which is not specifically vested in any other officer, board, or commission.This bill would require an employer, at least 30 days before introducing a workplace surveillance tool, as defined, to provide a worker who will be affected a written notice that includes, among other things, a description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose. The bill would define employer to include public employees, as specified. The bill would prohibit an employer from transferring, selling, or licensing worker data to a third party unless the vendor is under contract to analyze or interpret the worker data and certain other criteria are met. The bill would prohibit an employer from using certain workplace surveillance tools, including a workplace surveillance tool that incorporates facial, gait, or emotion recognition technology. The bill would require the Labor Commissioner to enforce the bills provisions, would authorize an employee to bring a civil action for specified remedies for a violation of the bills provisions, and would authorize a public prosecutor to enforce the provisions. The bill would subject an employer who violates the bills provisions to a civil penalty of $500 for each violation.Existing law prohibits an employer from making, adopting, or enforcing any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employees job duties. Existing law defines specified terms for its purposes, as provided.This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 5.7 (commencing with Section 1550) is added to Division 2 of the Labor Code, to read:PART 5.7. Workplace Surveillance Tools1550. As used in this part:(a) Agency means the Labor and Workforce Development Agency or any of its designees.(b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker.(2) Authorized representative does not mean a workers employer.(c) (1) Employer means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This includes all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. (2) Employer includes an employers labor contractor.(d) Employment-related decision means a decision by an employer that impacts wages, wage setting, benefits, compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks, skill requirements, responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, and any other terms or conditions of employment.(e) Public prosecutor has the same meaning as defined in Section 180.(f) Vendor means a third party, subcontractor, or entity engaged by an employer or an employers labor contractor to provide software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information.(g) Worker means a natural person or that persons authorized representative acting as a job applicant to, an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in a workplace.(h) Worker data means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a covered worker, regardless of how the information is collected, inferred, or obtained.(i) Workplace surveillance tool means any system, application, instrument, or device that collects or facilitates the collection of worker data, activities, communications, actions, biometrics, or behaviors, or those of the public, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, or that utilizes a photo-optical system or other means.1551. (a) (1) At least 30 days before introducing a workplace surveillance tool, an employer shall provide to any worker that will be directly or indirectly affected a plain language, written notice, pursuant to subdivision (e), in the language in which routine communications and other information are provided by the employer to workers.(2) The employer may provide the notice via a simple and easy-to-use method, including an email, a hyperlink, or another written format. (3) The notice shall be separate from any other communication and shall not contain any information on another subject.(b) An employer who began using a workplace surveillance tool before January 1, 2026, shall provide the notice described by subdivision (a) before February 1, 2026.(c) An employer shall maintain an updated list of all workplace surveillance tools in use and provide the notice described by subdivision (a) to any worker hired after the date on which the employer complied with subdivision (a).(d) An employer shall provide additional notice to workers within 30 days of any significant updates or changes made to the workplace surveillance tool or in how the employer is using the workplace surveillance tool. Notices shall be provided within 30 days.(e) The notice required by this section relating to workplace surveillance tools shall contain all of the following information:(1) A description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose.(2) A description of the specific activities, locations, communications, and job roles that will be electronically monitored and the technologies that will be used.(3) The frequency of surveillance and worker data collection.(4) A description of where, how, and for how long worker data will be stored.(5) Information about who is authorized to access the worker data gathered and under what conditions, including the names of vendors.(6) Whether the workplace surveillance tool will be used to make employment-related decisions and which decisions those will be.(7) The right of a worker to access and correct worker data collected by the workplace surveillance tool.1552. (a) An employer shall not transfer, sell, or license worker data, including deidentified or aggregated data, to a vendor, subcontractor, or other third party, including another employer, unless the vendor is under contract to analyze or interpret the worker data, and all of the following apply:(1) The vendor has entered into a contract with the employer that prohibits the sale or licensing of the worker data.(2) The vendor implements reasonable security procedures to protect the worker data from unauthorized or illegal access, destruction, use, modification, or disclosure.(3) The vendor agrees to be jointly and severally liable for worker data breaches.(b) An employer, or a vendor acting on behalf of an employer, shall not share worker data with the state or a local government unless required to do so by law.(c) An employer or vendor shall keep worker data secure by preventing unauthorized access and implementing a security system with up-to-date safeguards in place.(d) Worker data collected by an employer or a vendor shall be accessible only to authorized personnel.(e) If a data breach occurs, the employer shall give notice to workers of the specific categories of data that were impacted in the security breach as soon as possible.(f) A vendor shall return to the worker and employer all worker data collected through a workplace surveillance tool in a user-friendly format and delete any remaining copies of the worker data at the end of the vendors contract with the employer.(g) An employer using data collected from a workplace surveillance tool to make employment-related decisions shall retain that worker data for at least five years from the date the worker data was collected.(h) An employer shall allow a worker to access and correct worker data collected by its workplace surveillance tool.1553. (a) An employer shall not use a workplace surveillance tool that does any of the following:(1) Prevents compliance with or violates any federal, state, or local law.(2) Identifies, obtains, or infers information about workers engaging in activity protected by state or federal labor law.(3) Obtains or infers a workers immigration status, veteran status, ancestral history, religious or political beliefs, health or reproductive status, history, or plan, emotional or psychological state, neural data, sexual or gender orientation, disability, criminal record, credit history, or status protected under Section 12940 of the Government Code.(4) Incorporates facial recognition, gait recognition, or emotion recognition technology.(b) An employer shall not rely primarily on worker data from an electronic surveillance tool to discipline or discharge a worker. An employer shall use a human reviewer to conduct their own investigation and compile corroborating or supporting information for the decision, including, but not limited to, supervisory or managerial evaluations, personnel files, employee work product, or peer reviews.1554. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any worker for using, or attempting to use, their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or any action taken by the worker to invoke or assist in the enforcement of this part, or for exercising or attempting to exercise any right protected under this part.1555. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this part and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) Alternatively to subdivision (a), an employee who has suffered a violation of this part, or the employees exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to this section in the superior court in any county where the violation in question is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) An employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per violation.1556. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workers who are covered by this part.SEC. 2. The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SECTION 1.Section 1102.5 of the Labor Code is amended to read:1102.5.(a)An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employees job duties.(b)An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employees job duties.(c)An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.(d)An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised their rights under subdivision (a), (b), or (c) in any former employment.(e)A report made by an employee of a government agency to their employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b).(f)(1)In addition to other remedies available, an employer is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section to be awarded to the employee who was retaliated against.(2)In assessing this penalty, the Labor Commissioner shall consider the nature and seriousness of the violation based on the evidence obtained during the course of the investigation. The Labor Commissioners consideration of the nature and seriousness of the violation shall include, but is not limited to, the type of violation, the economic or mental harm suffered, and the chilling effect on the exercise of employment rights in the workplace, and shall be considered to the extent evidence obtained during the investigation concerned any of these or other relevant factors.(g)This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information.(h)An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section.(i)For the purposes of this section, employer or a person acting on behalf of the employer includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.(j)The court is authorized to award reasonable attorneys fees to a plaintiff who brings a successful action for a violation of these provisions. | |
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| 3 | + | Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1221Introduced by Assembly Member Bryan(Coauthor: Assembly Member Elhawary)(Coauthor: Senator McNerney)February 21, 2025An act to amend Section 1102.5 add Part 5.7 (commencing with Section 1550) to Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1221, as amended, Bryan. Employment: whistleblowers. Workplace surveillance tools.Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law authorizes the division, which is headed by the Labor Commissioner, to enforce the Labor Code and all labor laws of the state, the enforcement of which is not specifically vested in any other officer, board, or commission.This bill would require an employer, at least 30 days before introducing a workplace surveillance tool, as defined, to provide a worker who will be affected a written notice that includes, among other things, a description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose. The bill would define employer to include public employees, as specified. The bill would prohibit an employer from transferring, selling, or licensing worker data to a third party unless the vendor is under contract to analyze or interpret the worker data and certain other criteria are met. The bill would prohibit an employer from using certain workplace surveillance tools, including a workplace surveillance tool that incorporates facial, gait, or emotion recognition technology. The bill would require the Labor Commissioner to enforce the bills provisions, would authorize an employee to bring a civil action for specified remedies for a violation of the bills provisions, and would authorize a public prosecutor to enforce the provisions. The bill would subject an employer who violates the bills provisions to a civil penalty of $500 for each violation.Existing law prohibits an employer from making, adopting, or enforcing any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employees job duties. Existing law defines specified terms for its purposes, as provided.This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
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| 5 | - | Amended IN Assembly April 21, 2025 Amended IN Assembly March 28, 2025 | |
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| 7 | - | Amended IN Assembly April 21, 2025 | |
| 8 | 5 | Amended IN Assembly March 28, 2025 | |
| 9 | 6 | ||
| 10 | - | ||
| 7 | + | Amended IN Assembly March 28, 2025 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Assembly Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 1221 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Assembly Member Bryan(Coauthor: Assembly Member Elhawary)(Coauthor: Senator McNerney)February 21, 2025 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member Bryan(Coauthor: Assembly Member Elhawary)(Coauthor: Senator McNerney) | |
| 21 | 18 | February 21, 2025 | |
| 22 | 19 | ||
| 23 | - | ||
| 24 | - | ||
| 25 | - | An act to add Part 5.7 (commencing with Section 1550) to Division 2 of the Labor Code, relating to employment. | |
| 20 | + | An act to amend Section 1102.5 add Part 5.7 (commencing with Section 1550) to Division 2 of the Labor Code, relating to employment. | |
| 26 | 21 | ||
| 27 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 23 | ||
| 29 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 25 | ||
| 31 | - | AB 1221, as amended, Bryan. Workplace surveillance tools. | |
| 26 | + | AB 1221, as amended, Bryan. Employment: whistleblowers. Workplace surveillance tools. | |
| 32 | 27 | ||
| 33 | - | Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law authorizes the division, which is headed by the Labor Commissioner, to enforce the Labor Code and all labor laws of the state, the enforcement of which is not specifically vested in any other officer, board, or commission.This bill would | |
| 28 | + | Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law authorizes the division, which is headed by the Labor Commissioner, to enforce the Labor Code and all labor laws of the state, the enforcement of which is not specifically vested in any other officer, board, or commission.This bill would require an employer, at least 30 days before introducing a workplace surveillance tool, as defined, to provide a worker who will be affected a written notice that includes, among other things, a description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose. The bill would define employer to include public employees, as specified. The bill would prohibit an employer from transferring, selling, or licensing worker data to a third party unless the vendor is under contract to analyze or interpret the worker data and certain other criteria are met. The bill would prohibit an employer from using certain workplace surveillance tools, including a workplace surveillance tool that incorporates facial, gait, or emotion recognition technology. The bill would require the Labor Commissioner to enforce the bills provisions, would authorize an employee to bring a civil action for specified remedies for a violation of the bills provisions, and would authorize a public prosecutor to enforce the provisions. The bill would subject an employer who violates the bills provisions to a civil penalty of $500 for each violation.Existing law prohibits an employer from making, adopting, or enforcing any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employees job duties. Existing law defines specified terms for its purposes, as provided.This bill would make a nonsubstantive change to this provision. | |
| 34 | 29 | ||
| 35 | 30 | Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law authorizes the division, which is headed by the Labor Commissioner, to enforce the Labor Code and all labor laws of the state, the enforcement of which is not specifically vested in any other officer, board, or commission. | |
| 36 | 31 | ||
| 37 | - | This bill would generally regulate the use of workplace surveillance tools and an employers use of worker data. The bill would, among other things, require an employer, at least 30 days before introducing a workplace surveillance tool, as defined, tool, to provide a worker who will be affected a written notice that includes, among other things, a description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose. The bill would define employer to include public employees, employers, as specified. The bill would prohibit an employer from transferring, selling, disclosing, or licensing worker data to a third party vendor, unless the vendor is under contract to analyze or interpret the worker data and certain other criteria are met. the contract includes certain terms. The bill would prohibit an employer from using certain workplace surveillance tools, including a workplace surveillance tool that incorporates facial, gait, or emotion recognition technology. The bill would require the Labor Commissioner to enforce the bills provisions, would authorize an employee to bring a civil action for specified remedies for a violation of the bills provisions, and would authorize a public prosecutor to enforce the provisions. The bill would subject an employer who violates the bills provisions to a civil penalty of $500 for each violation. The bill would define various terms for purposes of its provisions. | |
| 32 | + | This bill would require an employer, at least 30 days before introducing a workplace surveillance tool, as defined, to provide a worker who will be affected a written notice that includes, among other things, a description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose. The bill would define employer to include public employees, as specified. The bill would prohibit an employer from transferring, selling, or licensing worker data to a third party unless the vendor is under contract to analyze or interpret the worker data and certain other criteria are met. The bill would prohibit an employer from using certain workplace surveillance tools, including a workplace surveillance tool that incorporates facial, gait, or emotion recognition technology. The bill would require the Labor Commissioner to enforce the bills provisions, would authorize an employee to bring a civil action for specified remedies for a violation of the bills provisions, and would authorize a public prosecutor to enforce the provisions. The bill would subject an employer who violates the bills provisions to a civil penalty of $500 for each violation. | |
| 33 | + | ||
| 34 | + | Existing law prohibits an employer from making, adopting, or enforcing any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employees job duties. Existing law defines specified terms for its purposes, as provided. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would make a nonsubstantive change to this provision. | |
| 39 | + | ||
| 40 | + | ||
| 38 | 41 | ||
| 39 | 42 | ## Digest Key | |
| 40 | 43 | ||
| 41 | 44 | ## Bill Text | |
| 42 | 45 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Part 5.7 (commencing with Section 1550) is added to Division 2 of the Labor Code, to read:PART 5.7. Workplace Surveillance Tools1550. As used in this part:(a) Agency means the Labor and Workforce Development Agency or any of its designees.(b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker.(2) Authorized representative does not mean a workers employer.(c) (1) Employer means a person who | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Part 5.7 (commencing with Section 1550) is added to Division 2 of the Labor Code, to read:PART 5.7. Workplace Surveillance Tools1550. As used in this part:(a) Agency means the Labor and Workforce Development Agency or any of its designees.(b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker.(2) Authorized representative does not mean a workers employer.(c) (1) Employer means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This includes all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. (2) Employer includes an employers labor contractor.(d) Employment-related decision means a decision by an employer that impacts wages, wage setting, benefits, compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks, skill requirements, responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, and any other terms or conditions of employment.(e) Public prosecutor has the same meaning as defined in Section 180.(f) Vendor means a third party, subcontractor, or entity engaged by an employer or an employers labor contractor to provide software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information.(g) Worker means a natural person or that persons authorized representative acting as a job applicant to, an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in a workplace.(h) Worker data means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a covered worker, regardless of how the information is collected, inferred, or obtained.(i) Workplace surveillance tool means any system, application, instrument, or device that collects or facilitates the collection of worker data, activities, communications, actions, biometrics, or behaviors, or those of the public, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, or that utilizes a photo-optical system or other means.1551. (a) (1) At least 30 days before introducing a workplace surveillance tool, an employer shall provide to any worker that will be directly or indirectly affected a plain language, written notice, pursuant to subdivision (e), in the language in which routine communications and other information are provided by the employer to workers.(2) The employer may provide the notice via a simple and easy-to-use method, including an email, a hyperlink, or another written format. (3) The notice shall be separate from any other communication and shall not contain any information on another subject.(b) An employer who began using a workplace surveillance tool before January 1, 2026, shall provide the notice described by subdivision (a) before February 1, 2026.(c) An employer shall maintain an updated list of all workplace surveillance tools in use and provide the notice described by subdivision (a) to any worker hired after the date on which the employer complied with subdivision (a).(d) An employer shall provide additional notice to workers within 30 days of any significant updates or changes made to the workplace surveillance tool or in how the employer is using the workplace surveillance tool. Notices shall be provided within 30 days.(e) The notice required by this section relating to workplace surveillance tools shall contain all of the following information:(1) A description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose.(2) A description of the specific activities, locations, communications, and job roles that will be electronically monitored and the technologies that will be used.(3) The frequency of surveillance and worker data collection.(4) A description of where, how, and for how long worker data will be stored.(5) Information about who is authorized to access the worker data gathered and under what conditions, including the names of vendors.(6) Whether the workplace surveillance tool will be used to make employment-related decisions and which decisions those will be.(7) The right of a worker to access and correct worker data collected by the workplace surveillance tool.1552. (a) An employer shall not transfer, sell, or license worker data, including deidentified or aggregated data, to a vendor, subcontractor, or other third party, including another employer, unless the vendor is under contract to analyze or interpret the worker data, and all of the following apply:(1) The vendor has entered into a contract with the employer that prohibits the sale or licensing of the worker data.(2) The vendor implements reasonable security procedures to protect the worker data from unauthorized or illegal access, destruction, use, modification, or disclosure.(3) The vendor agrees to be jointly and severally liable for worker data breaches.(b) An employer, or a vendor acting on behalf of an employer, shall not share worker data with the state or a local government unless required to do so by law.(c) An employer or vendor shall keep worker data secure by preventing unauthorized access and implementing a security system with up-to-date safeguards in place.(d) Worker data collected by an employer or a vendor shall be accessible only to authorized personnel.(e) If a data breach occurs, the employer shall give notice to workers of the specific categories of data that were impacted in the security breach as soon as possible.(f) A vendor shall return to the worker and employer all worker data collected through a workplace surveillance tool in a user-friendly format and delete any remaining copies of the worker data at the end of the vendors contract with the employer.(g) An employer using data collected from a workplace surveillance tool to make employment-related decisions shall retain that worker data for at least five years from the date the worker data was collected.(h) An employer shall allow a worker to access and correct worker data collected by its workplace surveillance tool.1553. (a) An employer shall not use a workplace surveillance tool that does any of the following:(1) Prevents compliance with or violates any federal, state, or local law.(2) Identifies, obtains, or infers information about workers engaging in activity protected by state or federal labor law.(3) Obtains or infers a workers immigration status, veteran status, ancestral history, religious or political beliefs, health or reproductive status, history, or plan, emotional or psychological state, neural data, sexual or gender orientation, disability, criminal record, credit history, or status protected under Section 12940 of the Government Code.(4) Incorporates facial recognition, gait recognition, or emotion recognition technology.(b) An employer shall not rely primarily on worker data from an electronic surveillance tool to discipline or discharge a worker. An employer shall use a human reviewer to conduct their own investigation and compile corroborating or supporting information for the decision, including, but not limited to, supervisory or managerial evaluations, personnel files, employee work product, or peer reviews.1554. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any worker for using, or attempting to use, their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or any action taken by the worker to invoke or assist in the enforcement of this part, or for exercising or attempting to exercise any right protected under this part.1555. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this part and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) Alternatively to subdivision (a), an employee who has suffered a violation of this part, or the employees exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to this section in the superior court in any county where the violation in question is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) An employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per violation.1556. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workers who are covered by this part.SEC. 2. The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SECTION 1.Section 1102.5 of the Labor Code is amended to read:1102.5.(a)An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employees job duties.(b)An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employees job duties.(c)An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.(d)An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised their rights under subdivision (a), (b), or (c) in any former employment.(e)A report made by an employee of a government agency to their employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b).(f)(1)In addition to other remedies available, an employer is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section to be awarded to the employee who was retaliated against.(2)In assessing this penalty, the Labor Commissioner shall consider the nature and seriousness of the violation based on the evidence obtained during the course of the investigation. The Labor Commissioners consideration of the nature and seriousness of the violation shall include, but is not limited to, the type of violation, the economic or mental harm suffered, and the chilling effect on the exercise of employment rights in the workplace, and shall be considered to the extent evidence obtained during the investigation concerned any of these or other relevant factors.(g)This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information.(h)An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section.(i)For the purposes of this section, employer or a person acting on behalf of the employer includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.(j)The court is authorized to award reasonable attorneys fees to a plaintiff who brings a successful action for a violation of these provisions. | |
| 44 | 47 | ||
| 45 | 48 | The people of the State of California do enact as follows: | |
| 46 | 49 | ||
| 47 | 50 | ## The people of the State of California do enact as follows: | |
| 48 | 51 | ||
| 49 | - | SECTION 1. Part 5.7 (commencing with Section 1550) is added to Division 2 of the Labor Code, to read:PART 5.7. Workplace Surveillance Tools1550. As used in this part:(a) Agency means the Labor and Workforce Development Agency or any of its designees.(b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker.(2) Authorized representative does not mean a workers employer.(c) (1) Employer means a person who | |
| 52 | + | SECTION 1. Part 5.7 (commencing with Section 1550) is added to Division 2 of the Labor Code, to read:PART 5.7. Workplace Surveillance Tools1550. As used in this part:(a) Agency means the Labor and Workforce Development Agency or any of its designees.(b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker.(2) Authorized representative does not mean a workers employer.(c) (1) Employer means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This includes all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. (2) Employer includes an employers labor contractor.(d) Employment-related decision means a decision by an employer that impacts wages, wage setting, benefits, compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks, skill requirements, responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, and any other terms or conditions of employment.(e) Public prosecutor has the same meaning as defined in Section 180.(f) Vendor means a third party, subcontractor, or entity engaged by an employer or an employers labor contractor to provide software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information.(g) Worker means a natural person or that persons authorized representative acting as a job applicant to, an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in a workplace.(h) Worker data means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a covered worker, regardless of how the information is collected, inferred, or obtained.(i) Workplace surveillance tool means any system, application, instrument, or device that collects or facilitates the collection of worker data, activities, communications, actions, biometrics, or behaviors, or those of the public, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, or that utilizes a photo-optical system or other means.1551. (a) (1) At least 30 days before introducing a workplace surveillance tool, an employer shall provide to any worker that will be directly or indirectly affected a plain language, written notice, pursuant to subdivision (e), in the language in which routine communications and other information are provided by the employer to workers.(2) The employer may provide the notice via a simple and easy-to-use method, including an email, a hyperlink, or another written format. (3) The notice shall be separate from any other communication and shall not contain any information on another subject.(b) An employer who began using a workplace surveillance tool before January 1, 2026, shall provide the notice described by subdivision (a) before February 1, 2026.(c) An employer shall maintain an updated list of all workplace surveillance tools in use and provide the notice described by subdivision (a) to any worker hired after the date on which the employer complied with subdivision (a).(d) An employer shall provide additional notice to workers within 30 days of any significant updates or changes made to the workplace surveillance tool or in how the employer is using the workplace surveillance tool. Notices shall be provided within 30 days.(e) The notice required by this section relating to workplace surveillance tools shall contain all of the following information:(1) A description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose.(2) A description of the specific activities, locations, communications, and job roles that will be electronically monitored and the technologies that will be used.(3) The frequency of surveillance and worker data collection.(4) A description of where, how, and for how long worker data will be stored.(5) Information about who is authorized to access the worker data gathered and under what conditions, including the names of vendors.(6) Whether the workplace surveillance tool will be used to make employment-related decisions and which decisions those will be.(7) The right of a worker to access and correct worker data collected by the workplace surveillance tool.1552. (a) An employer shall not transfer, sell, or license worker data, including deidentified or aggregated data, to a vendor, subcontractor, or other third party, including another employer, unless the vendor is under contract to analyze or interpret the worker data, and all of the following apply:(1) The vendor has entered into a contract with the employer that prohibits the sale or licensing of the worker data.(2) The vendor implements reasonable security procedures to protect the worker data from unauthorized or illegal access, destruction, use, modification, or disclosure.(3) The vendor agrees to be jointly and severally liable for worker data breaches.(b) An employer, or a vendor acting on behalf of an employer, shall not share worker data with the state or a local government unless required to do so by law.(c) An employer or vendor shall keep worker data secure by preventing unauthorized access and implementing a security system with up-to-date safeguards in place.(d) Worker data collected by an employer or a vendor shall be accessible only to authorized personnel.(e) If a data breach occurs, the employer shall give notice to workers of the specific categories of data that were impacted in the security breach as soon as possible.(f) A vendor shall return to the worker and employer all worker data collected through a workplace surveillance tool in a user-friendly format and delete any remaining copies of the worker data at the end of the vendors contract with the employer.(g) An employer using data collected from a workplace surveillance tool to make employment-related decisions shall retain that worker data for at least five years from the date the worker data was collected.(h) An employer shall allow a worker to access and correct worker data collected by its workplace surveillance tool.1553. (a) An employer shall not use a workplace surveillance tool that does any of the following:(1) Prevents compliance with or violates any federal, state, or local law.(2) Identifies, obtains, or infers information about workers engaging in activity protected by state or federal labor law.(3) Obtains or infers a workers immigration status, veteran status, ancestral history, religious or political beliefs, health or reproductive status, history, or plan, emotional or psychological state, neural data, sexual or gender orientation, disability, criminal record, credit history, or status protected under Section 12940 of the Government Code.(4) Incorporates facial recognition, gait recognition, or emotion recognition technology.(b) An employer shall not rely primarily on worker data from an electronic surveillance tool to discipline or discharge a worker. An employer shall use a human reviewer to conduct their own investigation and compile corroborating or supporting information for the decision, including, but not limited to, supervisory or managerial evaluations, personnel files, employee work product, or peer reviews.1554. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any worker for using, or attempting to use, their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or any action taken by the worker to invoke or assist in the enforcement of this part, or for exercising or attempting to exercise any right protected under this part.1555. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this part and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) Alternatively to subdivision (a), an employee who has suffered a violation of this part, or the employees exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to this section in the superior court in any county where the violation in question is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) An employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per violation.1556. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workers who are covered by this part. | |
| 50 | 53 | ||
| 51 | 54 | SECTION 1. Part 5.7 (commencing with Section 1550) is added to Division 2 of the Labor Code, to read: | |
| 52 | 55 | ||
| 53 | 56 | ### SECTION 1. | |
| 54 | 57 | ||
| 55 | - | PART 5.7. Workplace Surveillance Tools1550. As used in this part:(a) Agency means the Labor and Workforce Development Agency or any of its designees.(b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker.(2) Authorized representative does not mean a workers employer.(c) (1) Employer means a person who | |
| 58 | + | PART 5.7. Workplace Surveillance Tools1550. As used in this part:(a) Agency means the Labor and Workforce Development Agency or any of its designees.(b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker.(2) Authorized representative does not mean a workers employer.(c) (1) Employer means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This includes all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. (2) Employer includes an employers labor contractor.(d) Employment-related decision means a decision by an employer that impacts wages, wage setting, benefits, compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks, skill requirements, responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, and any other terms or conditions of employment.(e) Public prosecutor has the same meaning as defined in Section 180.(f) Vendor means a third party, subcontractor, or entity engaged by an employer or an employers labor contractor to provide software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information.(g) Worker means a natural person or that persons authorized representative acting as a job applicant to, an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in a workplace.(h) Worker data means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a covered worker, regardless of how the information is collected, inferred, or obtained.(i) Workplace surveillance tool means any system, application, instrument, or device that collects or facilitates the collection of worker data, activities, communications, actions, biometrics, or behaviors, or those of the public, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, or that utilizes a photo-optical system or other means.1551. (a) (1) At least 30 days before introducing a workplace surveillance tool, an employer shall provide to any worker that will be directly or indirectly affected a plain language, written notice, pursuant to subdivision (e), in the language in which routine communications and other information are provided by the employer to workers.(2) The employer may provide the notice via a simple and easy-to-use method, including an email, a hyperlink, or another written format. (3) The notice shall be separate from any other communication and shall not contain any information on another subject.(b) An employer who began using a workplace surveillance tool before January 1, 2026, shall provide the notice described by subdivision (a) before February 1, 2026.(c) An employer shall maintain an updated list of all workplace surveillance tools in use and provide the notice described by subdivision (a) to any worker hired after the date on which the employer complied with subdivision (a).(d) An employer shall provide additional notice to workers within 30 days of any significant updates or changes made to the workplace surveillance tool or in how the employer is using the workplace surveillance tool. Notices shall be provided within 30 days.(e) The notice required by this section relating to workplace surveillance tools shall contain all of the following information:(1) A description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose.(2) A description of the specific activities, locations, communications, and job roles that will be electronically monitored and the technologies that will be used.(3) The frequency of surveillance and worker data collection.(4) A description of where, how, and for how long worker data will be stored.(5) Information about who is authorized to access the worker data gathered and under what conditions, including the names of vendors.(6) Whether the workplace surveillance tool will be used to make employment-related decisions and which decisions those will be.(7) The right of a worker to access and correct worker data collected by the workplace surveillance tool.1552. (a) An employer shall not transfer, sell, or license worker data, including deidentified or aggregated data, to a vendor, subcontractor, or other third party, including another employer, unless the vendor is under contract to analyze or interpret the worker data, and all of the following apply:(1) The vendor has entered into a contract with the employer that prohibits the sale or licensing of the worker data.(2) The vendor implements reasonable security procedures to protect the worker data from unauthorized or illegal access, destruction, use, modification, or disclosure.(3) The vendor agrees to be jointly and severally liable for worker data breaches.(b) An employer, or a vendor acting on behalf of an employer, shall not share worker data with the state or a local government unless required to do so by law.(c) An employer or vendor shall keep worker data secure by preventing unauthorized access and implementing a security system with up-to-date safeguards in place.(d) Worker data collected by an employer or a vendor shall be accessible only to authorized personnel.(e) If a data breach occurs, the employer shall give notice to workers of the specific categories of data that were impacted in the security breach as soon as possible.(f) A vendor shall return to the worker and employer all worker data collected through a workplace surveillance tool in a user-friendly format and delete any remaining copies of the worker data at the end of the vendors contract with the employer.(g) An employer using data collected from a workplace surveillance tool to make employment-related decisions shall retain that worker data for at least five years from the date the worker data was collected.(h) An employer shall allow a worker to access and correct worker data collected by its workplace surveillance tool.1553. (a) An employer shall not use a workplace surveillance tool that does any of the following:(1) Prevents compliance with or violates any federal, state, or local law.(2) Identifies, obtains, or infers information about workers engaging in activity protected by state or federal labor law.(3) Obtains or infers a workers immigration status, veteran status, ancestral history, religious or political beliefs, health or reproductive status, history, or plan, emotional or psychological state, neural data, sexual or gender orientation, disability, criminal record, credit history, or status protected under Section 12940 of the Government Code.(4) Incorporates facial recognition, gait recognition, or emotion recognition technology.(b) An employer shall not rely primarily on worker data from an electronic surveillance tool to discipline or discharge a worker. An employer shall use a human reviewer to conduct their own investigation and compile corroborating or supporting information for the decision, including, but not limited to, supervisory or managerial evaluations, personnel files, employee work product, or peer reviews.1554. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any worker for using, or attempting to use, their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or any action taken by the worker to invoke or assist in the enforcement of this part, or for exercising or attempting to exercise any right protected under this part.1555. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this part and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) Alternatively to subdivision (a), an employee who has suffered a violation of this part, or the employees exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to this section in the superior court in any county where the violation in question is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) An employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per violation.1556. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workers who are covered by this part. | |
| 56 | 59 | ||
| 57 | - | PART 5.7. Workplace Surveillance Tools1550. As used in this part:(a) Agency means the Labor and Workforce Development Agency or any of its designees.(b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker.(2) Authorized representative does not mean a workers employer.(c) (1) Employer means a person who | |
| 60 | + | PART 5.7. Workplace Surveillance Tools1550. As used in this part:(a) Agency means the Labor and Workforce Development Agency or any of its designees.(b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker.(2) Authorized representative does not mean a workers employer.(c) (1) Employer means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This includes all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. (2) Employer includes an employers labor contractor.(d) Employment-related decision means a decision by an employer that impacts wages, wage setting, benefits, compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks, skill requirements, responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, and any other terms or conditions of employment.(e) Public prosecutor has the same meaning as defined in Section 180.(f) Vendor means a third party, subcontractor, or entity engaged by an employer or an employers labor contractor to provide software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information.(g) Worker means a natural person or that persons authorized representative acting as a job applicant to, an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in a workplace.(h) Worker data means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a covered worker, regardless of how the information is collected, inferred, or obtained.(i) Workplace surveillance tool means any system, application, instrument, or device that collects or facilitates the collection of worker data, activities, communications, actions, biometrics, or behaviors, or those of the public, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, or that utilizes a photo-optical system or other means.1551. (a) (1) At least 30 days before introducing a workplace surveillance tool, an employer shall provide to any worker that will be directly or indirectly affected a plain language, written notice, pursuant to subdivision (e), in the language in which routine communications and other information are provided by the employer to workers.(2) The employer may provide the notice via a simple and easy-to-use method, including an email, a hyperlink, or another written format. (3) The notice shall be separate from any other communication and shall not contain any information on another subject.(b) An employer who began using a workplace surveillance tool before January 1, 2026, shall provide the notice described by subdivision (a) before February 1, 2026.(c) An employer shall maintain an updated list of all workplace surveillance tools in use and provide the notice described by subdivision (a) to any worker hired after the date on which the employer complied with subdivision (a).(d) An employer shall provide additional notice to workers within 30 days of any significant updates or changes made to the workplace surveillance tool or in how the employer is using the workplace surveillance tool. Notices shall be provided within 30 days.(e) The notice required by this section relating to workplace surveillance tools shall contain all of the following information:(1) A description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose.(2) A description of the specific activities, locations, communications, and job roles that will be electronically monitored and the technologies that will be used.(3) The frequency of surveillance and worker data collection.(4) A description of where, how, and for how long worker data will be stored.(5) Information about who is authorized to access the worker data gathered and under what conditions, including the names of vendors.(6) Whether the workplace surveillance tool will be used to make employment-related decisions and which decisions those will be.(7) The right of a worker to access and correct worker data collected by the workplace surveillance tool.1552. (a) An employer shall not transfer, sell, or license worker data, including deidentified or aggregated data, to a vendor, subcontractor, or other third party, including another employer, unless the vendor is under contract to analyze or interpret the worker data, and all of the following apply:(1) The vendor has entered into a contract with the employer that prohibits the sale or licensing of the worker data.(2) The vendor implements reasonable security procedures to protect the worker data from unauthorized or illegal access, destruction, use, modification, or disclosure.(3) The vendor agrees to be jointly and severally liable for worker data breaches.(b) An employer, or a vendor acting on behalf of an employer, shall not share worker data with the state or a local government unless required to do so by law.(c) An employer or vendor shall keep worker data secure by preventing unauthorized access and implementing a security system with up-to-date safeguards in place.(d) Worker data collected by an employer or a vendor shall be accessible only to authorized personnel.(e) If a data breach occurs, the employer shall give notice to workers of the specific categories of data that were impacted in the security breach as soon as possible.(f) A vendor shall return to the worker and employer all worker data collected through a workplace surveillance tool in a user-friendly format and delete any remaining copies of the worker data at the end of the vendors contract with the employer.(g) An employer using data collected from a workplace surveillance tool to make employment-related decisions shall retain that worker data for at least five years from the date the worker data was collected.(h) An employer shall allow a worker to access and correct worker data collected by its workplace surveillance tool.1553. (a) An employer shall not use a workplace surveillance tool that does any of the following:(1) Prevents compliance with or violates any federal, state, or local law.(2) Identifies, obtains, or infers information about workers engaging in activity protected by state or federal labor law.(3) Obtains or infers a workers immigration status, veteran status, ancestral history, religious or political beliefs, health or reproductive status, history, or plan, emotional or psychological state, neural data, sexual or gender orientation, disability, criminal record, credit history, or status protected under Section 12940 of the Government Code.(4) Incorporates facial recognition, gait recognition, or emotion recognition technology.(b) An employer shall not rely primarily on worker data from an electronic surveillance tool to discipline or discharge a worker. An employer shall use a human reviewer to conduct their own investigation and compile corroborating or supporting information for the decision, including, but not limited to, supervisory or managerial evaluations, personnel files, employee work product, or peer reviews.1554. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any worker for using, or attempting to use, their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or any action taken by the worker to invoke or assist in the enforcement of this part, or for exercising or attempting to exercise any right protected under this part.1555. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this part and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) Alternatively to subdivision (a), an employee who has suffered a violation of this part, or the employees exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to this section in the superior court in any county where the violation in question is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) An employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per violation.1556. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workers who are covered by this part. | |
| 58 | 61 | ||
| 59 | 62 | PART 5.7. Workplace Surveillance Tools | |
| 60 | 63 | ||
| 61 | 64 | PART 5.7. Workplace Surveillance Tools | |
| 62 | 65 | ||
| 63 | - | ||
| 66 | + | 1550. As used in this part:(a) Agency means the Labor and Workforce Development Agency or any of its designees.(b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker.(2) Authorized representative does not mean a workers employer.(c) (1) Employer means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This includes all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. (2) Employer includes an employers labor contractor.(d) Employment-related decision means a decision by an employer that impacts wages, wage setting, benefits, compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks, skill requirements, responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, and any other terms or conditions of employment.(e) Public prosecutor has the same meaning as defined in Section 180.(f) Vendor means a third party, subcontractor, or entity engaged by an employer or an employers labor contractor to provide software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information.(g) Worker means a natural person or that persons authorized representative acting as a job applicant to, an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in a workplace.(h) Worker data means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a covered worker, regardless of how the information is collected, inferred, or obtained.(i) Workplace surveillance tool means any system, application, instrument, or device that collects or facilitates the collection of worker data, activities, communications, actions, biometrics, or behaviors, or those of the public, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, or that utilizes a photo-optical system or other means. | |
| 64 | 67 | ||
| 65 | - | ||
| 68 | + | ||
| 66 | 69 | ||
| 67 | 70 | 1550. As used in this part: | |
| 68 | - | ||
| 69 | - | ###### 1550. | |
| 70 | 71 | ||
| 71 | 72 | (a) Agency means the Labor and Workforce Development Agency or any of its designees. | |
| 72 | 73 | ||
| 73 | 74 | (b) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker. | |
| 74 | 75 | ||
| 75 | 76 | (2) Authorized representative does not mean a workers employer. | |
| 76 | 77 | ||
| 77 | - | (c) (1) Employer means a person who | |
| 78 | + | (c) (1) Employer means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. This includes all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. | |
| 78 | 79 | ||
| 79 | 80 | (2) Employer includes an employers labor contractor. | |
| 80 | 81 | ||
| 81 | 82 | (d) Employment-related decision means a decision by an employer that impacts wages, wage setting, benefits, compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks, skill requirements, responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, and any other terms or conditions of employment. | |
| 82 | 83 | ||
| 83 | 84 | (e) Public prosecutor has the same meaning as defined in Section 180. | |
| 84 | 85 | ||
| 85 | - | (f) | |
| 86 | + | (f) Vendor means a third party, subcontractor, or entity engaged by an employer or an employers labor contractor to provide software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information. | |
| 86 | 87 | ||
| 87 | - | ( | |
| 88 | + | (g) Worker means a natural person or that persons authorized representative acting as a job applicant to, an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in a workplace. | |
| 88 | 89 | ||
| 89 | - | ( | |
| 90 | + | (h) Worker data means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a covered worker, regardless of how the information is collected, inferred, or obtained. | |
| 90 | 91 | ||
| 91 | - | ( | |
| 92 | + | (i) Workplace surveillance tool means any system, application, instrument, or device that collects or facilitates the collection of worker data, activities, communications, actions, biometrics, or behaviors, or those of the public, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, or that utilizes a photo-optical system or other means. | |
| 92 | 93 | ||
| 93 | - | ( | |
| 94 | + | 1551. (a) (1) At least 30 days before introducing a workplace surveillance tool, an employer shall provide to any worker that will be directly or indirectly affected a plain language, written notice, pursuant to subdivision (e), in the language in which routine communications and other information are provided by the employer to workers.(2) The employer may provide the notice via a simple and easy-to-use method, including an email, a hyperlink, or another written format. (3) The notice shall be separate from any other communication and shall not contain any information on another subject.(b) An employer who began using a workplace surveillance tool before January 1, 2026, shall provide the notice described by subdivision (a) before February 1, 2026.(c) An employer shall maintain an updated list of all workplace surveillance tools in use and provide the notice described by subdivision (a) to any worker hired after the date on which the employer complied with subdivision (a).(d) An employer shall provide additional notice to workers within 30 days of any significant updates or changes made to the workplace surveillance tool or in how the employer is using the workplace surveillance tool. Notices shall be provided within 30 days.(e) The notice required by this section relating to workplace surveillance tools shall contain all of the following information:(1) A description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose.(2) A description of the specific activities, locations, communications, and job roles that will be electronically monitored and the technologies that will be used.(3) The frequency of surveillance and worker data collection.(4) A description of where, how, and for how long worker data will be stored.(5) Information about who is authorized to access the worker data gathered and under what conditions, including the names of vendors.(6) Whether the workplace surveillance tool will be used to make employment-related decisions and which decisions those will be.(7) The right of a worker to access and correct worker data collected by the workplace surveillance tool. | |
| 94 | 95 | ||
| 95 | - | (h) | |
| 96 | 96 | ||
| 97 | - | (i) Worker data means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a covered worker, regardless of how the information is collected, inferred, or obtained. | |
| 98 | - | ||
| 99 | - | (i) | |
| 100 | - | ||
| 101 | - | (j) Workplace surveillance tool means any system, application, instrument, or device that collects or facilitates the collection of worker data, activities, communications, actions, biometrics, or behaviors, or those of the public, public that are also capable of passively surveilling workers, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, photoelectronic tracking, or that utilizes a photo-optical system or other means. | |
| 102 | - | ||
| 103 | - | 1551. (a) (1) At least 30 days before introducing a workplace surveillance tool, an employer shall provide to any worker that will be directly or indirectly affected a plain language, written notice, pursuant to subdivision (e), in the language in which routine communications and other information are provided by the employer to workers.(2) The employer may provide the notice via a simple and easy-to-use method, including an email, a hyperlink, or another written format.(3) The notice shall be separate from any other communication and shall not contain any information on another subject.(b) An employer who began using a workplace surveillance tool before January 1, 2026, shall provide the notice described by subdivision (a) before February 1, 2026.(c) An employer shall maintain an updated list of all workplace surveillance tools in use and provide the notice described by subdivision (a) to any worker hired after the date on which the employer complied with subdivision (a).(d) An employer shall provide additional notice to workers within 30 days of any significant updates or changes made to the workplace surveillance tool or in how the employer is using the workplace surveillance tool. Notices shall be provided within 30 days.(e) The notice required by this section relating to workplace surveillance tools shall contain all of the following information:(1) A description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose.(2) A description of the specific activities, locations, communications, and job roles that will be electronically monitored and the technologies that will be used.(3) The frequency of surveillance and worker data collection.(4) A description of where, how, and for how long worker data will be stored.(5) Information about who is authorized to access the worker data gathered and under what conditions, including the names of vendors.(6) Whether the workplace surveillance tool will be used to make employment-related decisions and which decisions those will be.(7) The right of a worker to access and correct worker data collected by the workplace surveillance tool.(8) A written policy informing the worker about how the worker can access the worker data. | |
| 104 | 97 | ||
| 105 | 98 | 1551. (a) (1) At least 30 days before introducing a workplace surveillance tool, an employer shall provide to any worker that will be directly or indirectly affected a plain language, written notice, pursuant to subdivision (e), in the language in which routine communications and other information are provided by the employer to workers. | |
| 106 | - | ||
| 107 | - | ###### 1551. | |
| 108 | 99 | ||
| 109 | 100 | (2) The employer may provide the notice via a simple and easy-to-use method, including an email, a hyperlink, or another written format. | |
| 110 | 101 | ||
| 111 | 102 | (3) The notice shall be separate from any other communication and shall not contain any information on another subject. | |
| 112 | 103 | ||
| 113 | 104 | (b) An employer who began using a workplace surveillance tool before January 1, 2026, shall provide the notice described by subdivision (a) before February 1, 2026. | |
| 114 | 105 | ||
| 115 | 106 | (c) An employer shall maintain an updated list of all workplace surveillance tools in use and provide the notice described by subdivision (a) to any worker hired after the date on which the employer complied with subdivision (a). | |
| 116 | 107 | ||
| 117 | 108 | (d) An employer shall provide additional notice to workers within 30 days of any significant updates or changes made to the workplace surveillance tool or in how the employer is using the workplace surveillance tool. Notices shall be provided within 30 days. | |
| 118 | 109 | ||
| 119 | 110 | (e) The notice required by this section relating to workplace surveillance tools shall contain all of the following information: | |
| 120 | 111 | ||
| 121 | 112 | (1) A description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose. | |
| 122 | 113 | ||
| 123 | 114 | (2) A description of the specific activities, locations, communications, and job roles that will be electronically monitored and the technologies that will be used. | |
| 124 | 115 | ||
| 125 | 116 | (3) The frequency of surveillance and worker data collection. | |
| 126 | 117 | ||
| 127 | 118 | (4) A description of where, how, and for how long worker data will be stored. | |
| 128 | 119 | ||
| 129 | 120 | (5) Information about who is authorized to access the worker data gathered and under what conditions, including the names of vendors. | |
| 130 | 121 | ||
| 131 | 122 | (6) Whether the workplace surveillance tool will be used to make employment-related decisions and which decisions those will be. | |
| 132 | 123 | ||
| 133 | 124 | (7) The right of a worker to access and correct worker data collected by the workplace surveillance tool. | |
| 134 | 125 | ||
| 135 | - | ( | |
| 126 | + | 1552. (a) An employer shall not transfer, sell, or license worker data, including deidentified or aggregated data, to a vendor, subcontractor, or other third party, including another employer, unless the vendor is under contract to analyze or interpret the worker data, and all of the following apply:(1) The vendor has entered into a contract with the employer that prohibits the sale or licensing of the worker data.(2) The vendor implements reasonable security procedures to protect the worker data from unauthorized or illegal access, destruction, use, modification, or disclosure.(3) The vendor agrees to be jointly and severally liable for worker data breaches.(b) An employer, or a vendor acting on behalf of an employer, shall not share worker data with the state or a local government unless required to do so by law.(c) An employer or vendor shall keep worker data secure by preventing unauthorized access and implementing a security system with up-to-date safeguards in place.(d) Worker data collected by an employer or a vendor shall be accessible only to authorized personnel.(e) If a data breach occurs, the employer shall give notice to workers of the specific categories of data that were impacted in the security breach as soon as possible.(f) A vendor shall return to the worker and employer all worker data collected through a workplace surveillance tool in a user-friendly format and delete any remaining copies of the worker data at the end of the vendors contract with the employer.(g) An employer using data collected from a workplace surveillance tool to make employment-related decisions shall retain that worker data for at least five years from the date the worker data was collected.(h) An employer shall allow a worker to access and correct worker data collected by its workplace surveillance tool. | |
| 136 | 127 | ||
| 137 | - | 1552. (a) An employer shall not transfer, sell, disclose, or license worker data, including deidentified or aggregated data, to a vendor, subcontractor, or other third party, including another employer, unless the vendor is under contract to analyze or interpret the worker data, and all of the following apply: the contract includes all of the following terms:(1) The vendor has entered into a contract with the employer that prohibits the sale or licensing of the worker data. shall not transfer, sell, disclose, license, or otherwise distribute the worker data.(2) The vendor implements reasonable security procedures to protect the worker data from unauthorized or illegal access, destruction, use, modification, or disclosure.(3) The vendor agrees and employer agree to be jointly and severally liable for worker data breaches. breaches experienced by the vendor to the extent the breach involves worker data provided by the employer.(4) The vendor shall not transfer, sell, disclose, license, or otherwise distribute any product that results from the vendors analysis or interpretation of the worker data, except to provide the agreed-upon product to the employer.(b) An (1) Subject to paragraph (2), an employer, or a vendor acting on behalf of an employer, shall not share worker data with the state or a local government unless required to do so by law. another person or governmental agency unless it is necessary to obtain information from the business or worker for an investigation by the governmental agency of a failure to comply with a specific state law that the governmental agency is responsible for enforcing.(2) An employer, or a vendor acting on behalf of an employer, shall not share worker data with law enforcement except pursuant to a valid court order.(c) An employer or vendor shall keep worker data secure by preventing unauthorized access and implementing a security system with up-to-date cybersecurity safeguards in place.(d) Worker data collected by an employer or a vendor shall be accessible only to authorized personnel.(e) If a data breach occurs, the employer shall give notice to workers of the specific categories of data that were impacted in the security breach as soon as possible.(f) A vendor shall return to the worker and employer all worker data collected through a workplace surveillance tool in a user-friendly format and delete any remaining copies of the worker data at the end of the vendors contract with the employer.(g) An employer using data collected from a workplace surveillance tool to make employment-related decisions shall retain that worker data for at least five years from the date the worker data was collected.(h) An employer shall allow a worker to access and correct worker data correct inaccurate worker data and obtain worker data collected by its workplace surveillance tool. tool by making a digital or paper form available to the worker upon request within five business days of that request.(i) An employer shall collect, use, and retain worker data only that is reasonably necessary and proportionate to achieve the purposes disclosed pursuant to subdivision (e) of Section 1551 for which the personal information was collected or processed. | |
| 138 | 128 | ||
| 139 | - | 1552. (a) An employer shall not transfer, sell, disclose, or license worker data, including deidentified or aggregated data, to a vendor, subcontractor, or other third party, including another employer, unless the vendor is under contract to analyze or interpret the worker data, and all of the following apply: the contract includes all of the following terms: | |
| 140 | 129 | ||
| 141 | - | ||
| 130 | + | 1552. (a) An employer shall not transfer, sell, or license worker data, including deidentified or aggregated data, to a vendor, subcontractor, or other third party, including another employer, unless the vendor is under contract to analyze or interpret the worker data, and all of the following apply: | |
| 142 | 131 | ||
| 143 | - | (1) The vendor has entered into a contract with the employer that prohibits the sale or licensing of the worker data. | |
| 132 | + | (1) The vendor has entered into a contract with the employer that prohibits the sale or licensing of the worker data. | |
| 144 | 133 | ||
| 145 | 134 | (2) The vendor implements reasonable security procedures to protect the worker data from unauthorized or illegal access, destruction, use, modification, or disclosure. | |
| 146 | 135 | ||
| 147 | - | (3) The vendor agrees | |
| 136 | + | (3) The vendor agrees to be jointly and severally liable for worker data breaches. | |
| 148 | 137 | ||
| 149 | - | ( | |
| 138 | + | (b) An employer, or a vendor acting on behalf of an employer, shall not share worker data with the state or a local government unless required to do so by law. | |
| 150 | 139 | ||
| 151 | - | (b) An (1) Subject to paragraph (2), an employer, or a vendor acting on behalf of an employer, shall not share worker data with the state or a local government unless required to do so by law. another person or governmental agency unless it is necessary to obtain information from the business or worker for an investigation by the governmental agency of a failure to comply with a specific state law that the governmental agency is responsible for enforcing. | |
| 152 | - | ||
| 153 | - | (2) An employer, or a vendor acting on behalf of an employer, shall not share worker data with law enforcement except pursuant to a valid court order. | |
| 154 | - | ||
| 155 | - | (c) An employer or vendor shall keep worker data secure by preventing unauthorized access and implementing a security system with up-to-date cybersecurity safeguards in place. | |
| 140 | + | (c) An employer or vendor shall keep worker data secure by preventing unauthorized access and implementing a security system with up-to-date safeguards in place. | |
| 156 | 141 | ||
| 157 | 142 | (d) Worker data collected by an employer or a vendor shall be accessible only to authorized personnel. | |
| 158 | 143 | ||
| 159 | 144 | (e) If a data breach occurs, the employer shall give notice to workers of the specific categories of data that were impacted in the security breach as soon as possible. | |
| 160 | 145 | ||
| 161 | 146 | (f) A vendor shall return to the worker and employer all worker data collected through a workplace surveillance tool in a user-friendly format and delete any remaining copies of the worker data at the end of the vendors contract with the employer. | |
| 162 | 147 | ||
| 163 | 148 | (g) An employer using data collected from a workplace surveillance tool to make employment-related decisions shall retain that worker data for at least five years from the date the worker data was collected. | |
| 164 | 149 | ||
| 165 | - | (h) An employer shall allow a worker to access and correct worker data | |
| 150 | + | (h) An employer shall allow a worker to access and correct worker data collected by its workplace surveillance tool. | |
| 166 | 151 | ||
| 167 | - | ( | |
| 152 | + | 1553. (a) An employer shall not use a workplace surveillance tool that does any of the following:(1) Prevents compliance with or violates any federal, state, or local law.(2) Identifies, obtains, or infers information about workers engaging in activity protected by state or federal labor law.(3) Obtains or infers a workers immigration status, veteran status, ancestral history, religious or political beliefs, health or reproductive status, history, or plan, emotional or psychological state, neural data, sexual or gender orientation, disability, criminal record, credit history, or status protected under Section 12940 of the Government Code.(4) Incorporates facial recognition, gait recognition, or emotion recognition technology.(b) An employer shall not rely primarily on worker data from an electronic surveillance tool to discipline or discharge a worker. An employer shall use a human reviewer to conduct their own investigation and compile corroborating or supporting information for the decision, including, but not limited to, supervisory or managerial evaluations, personnel files, employee work product, or peer reviews. | |
| 168 | 153 | ||
| 169 | - | ||
| 154 | + | ||
| 170 | 155 | ||
| 171 | 156 | 1553. (a) An employer shall not use a workplace surveillance tool that does any of the following: | |
| 172 | - | ||
| 173 | - | ###### 1553. | |
| 174 | 157 | ||
| 175 | 158 | (1) Prevents compliance with or violates any federal, state, or local law. | |
| 176 | 159 | ||
| 177 | 160 | (2) Identifies, obtains, or infers information about workers engaging in activity protected by state or federal labor law. | |
| 178 | 161 | ||
| 179 | 162 | (3) Obtains or infers a workers immigration status, veteran status, ancestral history, religious or political beliefs, health or reproductive status, history, or plan, emotional or psychological state, neural data, sexual or gender orientation, disability, criminal record, credit history, or status protected under Section 12940 of the Government Code. | |
| 180 | 163 | ||
| 181 | - | (4) Incorporates facial recognition, gait recognition, | |
| 164 | + | (4) Incorporates facial recognition, gait recognition, or emotion recognition technology. | |
| 182 | 165 | ||
| 183 | - | (b) (1) An employer shall not rely primarily on worker data from an electronic a workplace surveillance tool to discipline or discharge a worker. An employer shall use a human reviewer to conduct their own investigation and compile corroborating or supporting information for the decision, including, but not limited to, supervisory or managerial evaluations, personnel files, employee work product, or peer reviews. worker. | |
| 184 | - | ||
| 185 | - | (2) If an employers use of worker data collected by a workplace surveillance tool contributes to a disciplinary or discharge decision by the employer, the employer shall do all of the following: | |
| 186 | - | ||
| 187 | - | (A) Use a human reviewer to conduct the employers own investigation and compile corroborating or supporting information for the decision, including, but not limited to, supervisory or managerial evaluations, personnel files, employee work product, or peer reviews. | |
| 188 | - | ||
| 189 | - | (B) (i) Notify the worker that the disciplinary or discharge decision was made using worker data collected by a workplace surveillance tool, provide the worker and the workers authorized representative with an opportunity to request access to and obtain surveillance and corroborating data, and provide the worker with an opportunity to correct any erroneous worker data by making a paper or digital request form available to the worker at the time the decision is communicated. | |
| 190 | - | ||
| 191 | - | (ii) A request pursuant to clause (i) shall be made within five business days of the notice required by clause (i). | |
| 192 | - | ||
| 193 | - | (C) The employer shall make any valid correction of worker data within 24 hours of the workers request and shall change the disciplinary or discharge decision made if the worker data validates the change. | |
| 166 | + | (b) An employer shall not rely primarily on worker data from an electronic surveillance tool to discipline or discharge a worker. An employer shall use a human reviewer to conduct their own investigation and compile corroborating or supporting information for the decision, including, but not limited to, supervisory or managerial evaluations, personnel files, employee work product, or peer reviews. | |
| 194 | 167 | ||
| 195 | 168 | 1554. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any worker for using, or attempting to use, their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or any action taken by the worker to invoke or assist in the enforcement of this part, or for exercising or attempting to exercise any right protected under this part. | |
| 196 | 169 | ||
| 170 | + | ||
| 171 | + | ||
| 197 | 172 | 1554. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any worker for using, or attempting to use, their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or any action taken by the worker to invoke or assist in the enforcement of this part, or for exercising or attempting to exercise any right protected under this part. | |
| 198 | - | ||
| 199 | - | ###### 1554. | |
| 200 | 173 | ||
| 201 | 174 | 1555. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this part and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) Alternatively to subdivision (a), an employee who has suffered a violation of this part, or the employees exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to this section in the superior court in any county where the violation in question is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) An employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per violation. | |
| 202 | 175 | ||
| 176 | + | ||
| 177 | + | ||
| 203 | 178 | 1555. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this part and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable. | |
| 204 | - | ||
| 205 | - | ###### 1555. | |
| 206 | 179 | ||
| 207 | 180 | (b) Alternatively to subdivision (a), an employee who has suffered a violation of this part, or the employees exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages. | |
| 208 | 181 | ||
| 209 | 182 | (c) This part may also be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1. | |
| 210 | 183 | ||
| 211 | 184 | (d) In any civil action brought pursuant to this section in the superior court in any county where the violation in question is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages. | |
| 212 | 185 | ||
| 213 | 186 | (e) An employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per violation. | |
| 214 | 187 | ||
| 215 | 188 | 1556. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workers who are covered by this part. | |
| 216 | 189 | ||
| 190 | + | ||
| 191 | + | ||
| 217 | 192 | 1556. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workers who are covered by this part. | |
| 218 | - | ||
| 219 | - | ###### 1556. | |
| 220 | 193 | ||
| 221 | 194 | SEC. 2. The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 222 | 195 | ||
| 223 | 196 | SEC. 2. The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 224 | 197 | ||
| 225 | 198 | SEC. 2. The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 226 | 199 | ||
| 227 | 200 | ### SEC. 2. | |
| 201 | + | ||
| 202 | + | ||
| 203 | + | ||
| 204 | + | ||
| 205 | + | ||
| 206 | + | (a)An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employees job duties. | |
| 207 | + | ||
| 208 | + | ||
| 209 | + | ||
| 210 | + | (b)An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employees job duties. | |
| 211 | + | ||
| 212 | + | ||
| 213 | + | ||
| 214 | + | (c)An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. | |
| 215 | + | ||
| 216 | + | ||
| 217 | + | ||
| 218 | + | (d)An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised their rights under subdivision (a), (b), or (c) in any former employment. | |
| 219 | + | ||
| 220 | + | ||
| 221 | + | ||
| 222 | + | (e)A report made by an employee of a government agency to their employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b). | |
| 223 | + | ||
| 224 | + | ||
| 225 | + | ||
| 226 | + | (f)(1)In addition to other remedies available, an employer is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section to be awarded to the employee who was retaliated against. | |
| 227 | + | ||
| 228 | + | ||
| 229 | + | ||
| 230 | + | (2)In assessing this penalty, the Labor Commissioner shall consider the nature and seriousness of the violation based on the evidence obtained during the course of the investigation. The Labor Commissioners consideration of the nature and seriousness of the violation shall include, but is not limited to, the type of violation, the economic or mental harm suffered, and the chilling effect on the exercise of employment rights in the workplace, and shall be considered to the extent evidence obtained during the investigation concerned any of these or other relevant factors. | |
| 231 | + | ||
| 232 | + | ||
| 233 | + | ||
| 234 | + | (g)This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information. | |
| 235 | + | ||
| 236 | + | ||
| 237 | + | ||
| 238 | + | (h)An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section. | |
| 239 | + | ||
| 240 | + | ||
| 241 | + | ||
| 242 | + | (i)For the purposes of this section, employer or a person acting on behalf of the employer includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400. | |
| 243 | + | ||
| 244 | + | ||
| 245 | + | ||
| 246 | + | (j)The court is authorized to award reasonable attorneys fees to a plaintiff who brings a successful action for a violation of these provisions. |