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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1331Introduced by Assembly Member Elhawary(Coauthors: Assembly Members Bryan and Mark Gonzlez)(Coauthors: Senators Cortese and McNerney)February 21, 2025 An act to add Part 5.8 (commencing with Section 1560) to Division 2 of the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 1331, as introduced, Elhawary. Workplace surveillance.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 limit the use of workplace surveillance tools, as defined, by employers, including by prohibiting an employer from monitoring or surveilling workers in private, off-duty areas, as specified, and requiring workplace surveillance tools to be disabled during off-duty hours, as specified.This bill would subject an employer who violates the bill to a civil penalty of $500 per employee for each violation and would authorize an employee and a public prosecutor to bring specified enforcement actions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 5.8 (commencing with Section 1560) is added to Division 2 of the Labor Code, to read:PART 5.8. Workplace Surveillance of Employees1560. As used in this part:(a) (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.(b) (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. (2) Employer includes an employers labor contractor.(c) Public prosecutor has the same meaning as defined in Section 180.(d) 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.(e) 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.(f) Workplace surveillance tool means a 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, electronic work pace tracking, geolocation, electromagnetic tracking, photoelectronic tracking, or utilization of a photo-optical system or other means.1561. (a) An employer shall not use a workplace surveillance tool to do either of the following:(1) Monitor or surveil workers in private, off-duty areas, including, but not limited to, bathrooms, locker rooms, changing areas, breakrooms, smoking areas, lactation spaces, employee cafeterias, and lounges, including data collection on the frequency of use of those private areas.(2) Monitor or surveil a workers residence, a workers personal vehicle, or property owned, leased, or used by a worker, unless that surveillance is strictly necessary.(b) Workplace surveillance tools shall be disabled during off-duty hours, including rest and break periods, including in a workers residence, personal vehicle, or property owned, leased, or used by a worker.(c) An employer shall not require a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body.1562. (a) An employer shall not deny an employee the rights under this part or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to use, the employees rights under this part, filing a complaint with the department or alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or opposing any policy or practice or act that is prohibited by this part.(b) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.(c) The Labor Commissioner shall enforce this section, 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 section 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.(d) (1) Alternatively to subdivision (b), any employee who has suffered a violation of subdivision (c) may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages, and for reasonable attorneys fees as part of the costs of any such action for damages.(2) In any civil action brought pursuant to paragraph (1), an employee or the employees exclusive representative may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief.(e) In addition to other remedies as may be provided by the laws of this state or its subdivisions, any public prosecutor may also institute an action for a violation of this part, including an action seeking injunctive relief.1563. (a) This part does not preempt any local law that provides equal or greater protection to workers.(b) 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.(c) This part does not limit the authority of the Attorney General, a district attorney, or a city attorney, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the commissioner or the division. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1331Introduced by Assembly Member Elhawary(Coauthors: Assembly Members Bryan and Mark Gonzlez)(Coauthors: Senators Cortese and McNerney)February 21, 2025 An act to add Part 5.8 (commencing with Section 1560) to Division 2 of the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 1331, as introduced, Elhawary. Workplace surveillance.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 limit the use of workplace surveillance tools, as defined, by employers, including by prohibiting an employer from monitoring or surveilling workers in private, off-duty areas, as specified, and requiring workplace surveillance tools to be disabled during off-duty hours, as specified.This bill would subject an employer who violates the bill to a civil penalty of $500 per employee for each violation and would authorize an employee and a public prosecutor to bring specified enforcement actions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Assembly April 10, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly April 10, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1331 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Elhawary(Coauthors: Assembly Members Bryan and Mark Gonzlez)(Coauthors: Senators Cortese and McNerney)February 21, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Elhawary(Coauthors: Assembly Members Bryan and Mark Gonzlez)(Coauthors: Senators Cortese and McNerney) | |
| 18 | 18 | February 21, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Part 5.8 (commencing with Section 1560) to Division 2 of the Labor Code, relating to employment. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 1331, as | |
| 26 | + | AB 1331, as introduced, Elhawary. Workplace surveillance. | |
| 27 | 27 | ||
| 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 limit the use of workplace surveillance tools, as defined, by employers, including by prohibiting an employer from monitoring or surveilling workers in private, off-duty areas, as specified, and requiring workplace surveillance tools to be disabled during off-duty hours, as specified. | |
| 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 limit the use of workplace surveillance tools, as defined, by employers, including by prohibiting an employer from monitoring or surveilling workers in private, off-duty areas, as specified, and requiring workplace surveillance tools to be disabled during off-duty hours, as specified.This bill would subject an employer who violates the bill to a civil penalty of $500 per employee for each violation and would authorize an employee and a public prosecutor to bring specified enforcement actions. | |
| 29 | 29 | ||
| 30 | 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. | |
| 31 | 31 | ||
| 32 | - | This bill would limit the use of workplace surveillance tools, as defined, by employers, including by prohibiting an employer from monitoring or surveilling workers in private, off-duty areas, as specified, and requiring workplace surveillance tools to be disabled during off-duty hours, as specified. | |
| 32 | + | This bill would limit the use of workplace surveillance tools, as defined, by employers, including by prohibiting an employer from monitoring or surveilling workers in private, off-duty areas, as specified, and requiring workplace surveillance tools to be disabled during off-duty hours, as specified. | |
| 33 | 33 | ||
| 34 | 34 | This bill would subject an employer who violates the bill to a civil penalty of $500 per employee for each violation and would authorize an employee and a public prosecutor to bring specified enforcement actions. | |
| 35 | 35 | ||
| 36 | 36 | ## Digest Key | |
| 37 | 37 | ||
| 38 | 38 | ## Bill Text | |
| 39 | 39 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. Part 5.8 (commencing with Section 1560) is added to Division 2 of the Labor Code, to read:PART 5.8. Workplace Surveillance of Employees1560. As used in this part:(a)(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.(b) | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Part 5.8 (commencing with Section 1560) is added to Division 2 of the Labor Code, to read:PART 5.8. Workplace Surveillance of Employees1560. As used in this part:(a) (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.(b) (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. (2) Employer includes an employers labor contractor.(c) Public prosecutor has the same meaning as defined in Section 180.(d) 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.(e) 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.(f) Workplace surveillance tool means a 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, electronic work pace tracking, geolocation, electromagnetic tracking, photoelectronic tracking, or utilization of a photo-optical system or other means.1561. (a) An employer shall not use a workplace surveillance tool to do either of the following:(1) Monitor or surveil workers in private, off-duty areas, including, but not limited to, bathrooms, locker rooms, changing areas, breakrooms, smoking areas, lactation spaces, employee cafeterias, and lounges, including data collection on the frequency of use of those private areas.(2) Monitor or surveil a workers residence, a workers personal vehicle, or property owned, leased, or used by a worker, unless that surveillance is strictly necessary.(b) Workplace surveillance tools shall be disabled during off-duty hours, including rest and break periods, including in a workers residence, personal vehicle, or property owned, leased, or used by a worker.(c) An employer shall not require a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body.1562. (a) An employer shall not deny an employee the rights under this part or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to use, the employees rights under this part, filing a complaint with the department or alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or opposing any policy or practice or act that is prohibited by this part.(b) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.(c) The Labor Commissioner shall enforce this section, 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 section 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.(d) (1) Alternatively to subdivision (b), any employee who has suffered a violation of subdivision (c) may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages, and for reasonable attorneys fees as part of the costs of any such action for damages.(2) In any civil action brought pursuant to paragraph (1), an employee or the employees exclusive representative may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief.(e) In addition to other remedies as may be provided by the laws of this state or its subdivisions, any public prosecutor may also institute an action for a violation of this part, including an action seeking injunctive relief.1563. (a) This part does not preempt any local law that provides equal or greater protection to workers.(b) 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.(c) This part does not limit the authority of the Attorney General, a district attorney, or a city attorney, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the commissioner or the division. | |
| 41 | 41 | ||
| 42 | 42 | The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | 44 | ## The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | - | SECTION 1. Part 5.8 (commencing with Section 1560) is added to Division 2 of the Labor Code, to read:PART 5.8. Workplace Surveillance of Employees1560. As used in this part:(a)(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.(b | |
| 46 | + | SECTION 1. Part 5.8 (commencing with Section 1560) is added to Division 2 of the Labor Code, to read:PART 5.8. Workplace Surveillance of Employees1560. As used in this part:(a) (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.(b) (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. (2) Employer includes an employers labor contractor.(c) Public prosecutor has the same meaning as defined in Section 180.(d) 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.(e) 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.(f) Workplace surveillance tool means a 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, electronic work pace tracking, geolocation, electromagnetic tracking, photoelectronic tracking, or utilization of a photo-optical system or other means.1561. (a) An employer shall not use a workplace surveillance tool to do either of the following:(1) Monitor or surveil workers in private, off-duty areas, including, but not limited to, bathrooms, locker rooms, changing areas, breakrooms, smoking areas, lactation spaces, employee cafeterias, and lounges, including data collection on the frequency of use of those private areas.(2) Monitor or surveil a workers residence, a workers personal vehicle, or property owned, leased, or used by a worker, unless that surveillance is strictly necessary.(b) Workplace surveillance tools shall be disabled during off-duty hours, including rest and break periods, including in a workers residence, personal vehicle, or property owned, leased, or used by a worker.(c) An employer shall not require a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body.1562. (a) An employer shall not deny an employee the rights under this part or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to use, the employees rights under this part, filing a complaint with the department or alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or opposing any policy or practice or act that is prohibited by this part.(b) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.(c) The Labor Commissioner shall enforce this section, 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 section 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.(d) (1) Alternatively to subdivision (b), any employee who has suffered a violation of subdivision (c) may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages, and for reasonable attorneys fees as part of the costs of any such action for damages.(2) In any civil action brought pursuant to paragraph (1), an employee or the employees exclusive representative may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief.(e) In addition to other remedies as may be provided by the laws of this state or its subdivisions, any public prosecutor may also institute an action for a violation of this part, including an action seeking injunctive relief.1563. (a) This part does not preempt any local law that provides equal or greater protection to workers.(b) 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.(c) This part does not limit the authority of the Attorney General, a district attorney, or a city attorney, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the commissioner or the division. | |
| 47 | 47 | ||
| 48 | 48 | SECTION 1. Part 5.8 (commencing with Section 1560) is added to Division 2 of the Labor Code, to read: | |
| 49 | 49 | ||
| 50 | 50 | ### SECTION 1. | |
| 51 | 51 | ||
| 52 | - | PART 5.8. Workplace Surveillance of Employees1560. As used in this part:(a)(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.(b | |
| 52 | + | PART 5.8. Workplace Surveillance of Employees1560. As used in this part:(a) (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.(b) (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. (2) Employer includes an employers labor contractor.(c) Public prosecutor has the same meaning as defined in Section 180.(d) 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.(e) 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.(f) Workplace surveillance tool means a 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, electronic work pace tracking, geolocation, electromagnetic tracking, photoelectronic tracking, or utilization of a photo-optical system or other means.1561. (a) An employer shall not use a workplace surveillance tool to do either of the following:(1) Monitor or surveil workers in private, off-duty areas, including, but not limited to, bathrooms, locker rooms, changing areas, breakrooms, smoking areas, lactation spaces, employee cafeterias, and lounges, including data collection on the frequency of use of those private areas.(2) Monitor or surveil a workers residence, a workers personal vehicle, or property owned, leased, or used by a worker, unless that surveillance is strictly necessary.(b) Workplace surveillance tools shall be disabled during off-duty hours, including rest and break periods, including in a workers residence, personal vehicle, or property owned, leased, or used by a worker.(c) An employer shall not require a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body.1562. (a) An employer shall not deny an employee the rights under this part or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to use, the employees rights under this part, filing a complaint with the department or alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or opposing any policy or practice or act that is prohibited by this part.(b) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.(c) The Labor Commissioner shall enforce this section, 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 section 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.(d) (1) Alternatively to subdivision (b), any employee who has suffered a violation of subdivision (c) may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages, and for reasonable attorneys fees as part of the costs of any such action for damages.(2) In any civil action brought pursuant to paragraph (1), an employee or the employees exclusive representative may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief.(e) In addition to other remedies as may be provided by the laws of this state or its subdivisions, any public prosecutor may also institute an action for a violation of this part, including an action seeking injunctive relief.1563. (a) This part does not preempt any local law that provides equal or greater protection to workers.(b) 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.(c) This part does not limit the authority of the Attorney General, a district attorney, or a city attorney, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the commissioner or the division. | |
| 53 | 53 | ||
| 54 | - | PART 5.8. Workplace Surveillance of Employees1560. As used in this part:(a)(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.(b | |
| 54 | + | PART 5.8. Workplace Surveillance of Employees1560. As used in this part:(a) (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.(b) (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. (2) Employer includes an employers labor contractor.(c) Public prosecutor has the same meaning as defined in Section 180.(d) 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.(e) 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.(f) Workplace surveillance tool means a 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, electronic work pace tracking, geolocation, electromagnetic tracking, photoelectronic tracking, or utilization of a photo-optical system or other means.1561. (a) An employer shall not use a workplace surveillance tool to do either of the following:(1) Monitor or surveil workers in private, off-duty areas, including, but not limited to, bathrooms, locker rooms, changing areas, breakrooms, smoking areas, lactation spaces, employee cafeterias, and lounges, including data collection on the frequency of use of those private areas.(2) Monitor or surveil a workers residence, a workers personal vehicle, or property owned, leased, or used by a worker, unless that surveillance is strictly necessary.(b) Workplace surveillance tools shall be disabled during off-duty hours, including rest and break periods, including in a workers residence, personal vehicle, or property owned, leased, or used by a worker.(c) An employer shall not require a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body.1562. (a) An employer shall not deny an employee the rights under this part or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to use, the employees rights under this part, filing a complaint with the department or alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or opposing any policy or practice or act that is prohibited by this part.(b) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.(c) The Labor Commissioner shall enforce this section, 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 section 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.(d) (1) Alternatively to subdivision (b), any employee who has suffered a violation of subdivision (c) may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages, and for reasonable attorneys fees as part of the costs of any such action for damages.(2) In any civil action brought pursuant to paragraph (1), an employee or the employees exclusive representative may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief.(e) In addition to other remedies as may be provided by the laws of this state or its subdivisions, any public prosecutor may also institute an action for a violation of this part, including an action seeking injunctive relief.1563. (a) This part does not preempt any local law that provides equal or greater protection to workers.(b) 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.(c) This part does not limit the authority of the Attorney General, a district attorney, or a city attorney, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the commissioner or the division. | |
| 55 | 55 | ||
| 56 | 56 | PART 5.8. Workplace Surveillance of Employees | |
| 57 | 57 | ||
| 58 | 58 | PART 5.8. Workplace Surveillance of Employees | |
| 59 | 59 | ||
| 60 | - | 1560. As used in this part:(a)(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.(b | |
| 60 | + | 1560. As used in this part:(a) (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.(b) (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. (2) Employer includes an employers labor contractor.(c) Public prosecutor has the same meaning as defined in Section 180.(d) 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.(e) 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.(f) Workplace surveillance tool means a 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, electronic work pace tracking, geolocation, electromagnetic tracking, photoelectronic tracking, or utilization of a photo-optical system or other means. | |
| 61 | 61 | ||
| 62 | 62 | ||
| 63 | 63 | ||
| 64 | 64 | 1560. As used in this part: | |
| 65 | 65 | ||
| 66 | 66 | (a) (1) Authorized representative means a person or organization appointed by the worker to serve as an agent of the worker. | |
| 67 | 67 | ||
| 68 | - | ||
| 69 | - | ||
| 70 | 68 | (2) Authorized representative does not mean a workers employer. | |
| 71 | 69 | ||
| 72 | - | ||
| 73 | - | ||
| 74 | - | (b) | |
| 75 | - | ||
| 76 | - | ||
| 77 | - | ||
| 78 | - | (a) (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. | |
| 70 | + | (b) (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. | |
| 79 | 71 | ||
| 80 | 72 | (2) Employer includes an employers labor contractor. | |
| 81 | 73 | ||
| 82 | - | ( | |
| 74 | + | (c) Public prosecutor has the same meaning as defined in Section 180. | |
| 83 | 75 | ||
| 84 | - | ( | |
| 76 | + | (d) 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. | |
| 85 | 77 | ||
| 78 | + | (e) 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. | |
| 86 | 79 | ||
| 80 | + | (f) Workplace surveillance tool means a 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, electronic work pace tracking, geolocation, electromagnetic tracking, photoelectronic tracking, or utilization of a photo-optical system or other means. | |
| 87 | 81 | ||
| 88 | - | (b) Public prosecutor has the same meaning as defined in Section 180. | |
| 89 | - | ||
| 90 | - | (d) | |
| 91 | - | ||
| 92 | - | ||
| 93 | - | ||
| 94 | - | (c) 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. | |
| 95 | - | ||
| 96 | - | (e) | |
| 97 | - | ||
| 98 | - | ||
| 99 | - | ||
| 100 | - | (d) 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. | |
| 101 | - | ||
| 102 | - | (f) | |
| 103 | - | ||
| 104 | - | ||
| 105 | - | ||
| 106 | - | (e) Workplace surveillance tool means a 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 of capable of passively surveilling workers, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, electronic work pace tracking, geolocation, electromagnetic tracking, photoelectronic tracking, or utilization of a photo-optical system or other means. | |
| 107 | - | ||
| 108 | - | 1561. (a) An employer shall not use a workplace surveillance tool to do either of the following:(1) Monitor or surveil workers in private, off-duty areas, including, but not limited to, including bathrooms, locker rooms, changing areas, breakrooms, designated smoking areas, lactation spaces, employee cafeterias, and lounges, and other areas where workers congregate while off-duty but on work premises, including data collection on the frequency of use of those private areas.(2) Monitor or surveil a workers residence, a workers personal vehicle, or property owned, leased, or used by a worker, unless that surveillance is strictly necessary.(b)Workplace surveillance tools shall be disabled during off-duty hours, including rest and break periods, including in a workers residence, personal vehicle, or property owned, leased, or used by a worker.(b) (1) A worker shall have the right to disable or leave behind workplace surveillance tools that are on their person or in their possession when entering off-duty areas listed in paragraph (1) of subdivision (a) or during off-duty hours including meal periods.(2) A worker shall have the right to disable workplace surveillance tools that are on their person or in their possession during off-duty hours including meal periods in a workers residence, personal vehicle, or property owned, leased, or used by a worker.(c) An employer shall not require a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body.(d) Notwithstanding subdivisions (a) to (c), inclusive, an employer may use routine workplace surveillance tools in a work area not listed in paragraph (1) of subdivision (a) even if an employee may be present, as long as the employee is made aware in advance that a workplace surveillance tool is in use. | |
| 82 | + | 1561. (a) An employer shall not use a workplace surveillance tool to do either of the following:(1) Monitor or surveil workers in private, off-duty areas, including, but not limited to, bathrooms, locker rooms, changing areas, breakrooms, smoking areas, lactation spaces, employee cafeterias, and lounges, including data collection on the frequency of use of those private areas.(2) Monitor or surveil a workers residence, a workers personal vehicle, or property owned, leased, or used by a worker, unless that surveillance is strictly necessary.(b) Workplace surveillance tools shall be disabled during off-duty hours, including rest and break periods, including in a workers residence, personal vehicle, or property owned, leased, or used by a worker.(c) An employer shall not require a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body. | |
| 109 | 83 | ||
| 110 | 84 | ||
| 111 | 85 | ||
| 112 | 86 | 1561. (a) An employer shall not use a workplace surveillance tool to do either of the following: | |
| 113 | 87 | ||
| 114 | - | (1) Monitor or surveil workers in private, off-duty areas, including, but not limited to, | |
| 88 | + | (1) Monitor or surveil workers in private, off-duty areas, including, but not limited to, bathrooms, locker rooms, changing areas, breakrooms, smoking areas, lactation spaces, employee cafeterias, and lounges, including data collection on the frequency of use of those private areas. | |
| 115 | 89 | ||
| 116 | 90 | (2) Monitor or surveil a workers residence, a workers personal vehicle, or property owned, leased, or used by a worker, unless that surveillance is strictly necessary. | |
| 117 | 91 | ||
| 118 | 92 | (b) Workplace surveillance tools shall be disabled during off-duty hours, including rest and break periods, including in a workers residence, personal vehicle, or property owned, leased, or used by a worker. | |
| 119 | 93 | ||
| 120 | - | ||
| 121 | - | ||
| 122 | - | (b) (1) A worker shall have the right to disable or leave behind workplace surveillance tools that are on their person or in their possession when entering off-duty areas listed in paragraph (1) of subdivision (a) or during off-duty hours including meal periods. | |
| 123 | - | ||
| 124 | - | (2) A worker shall have the right to disable workplace surveillance tools that are on their person or in their possession during off-duty hours including meal periods in a workers residence, personal vehicle, or property owned, leased, or used by a worker. | |
| 125 | - | ||
| 126 | 94 | (c) An employer shall not require a worker to physically implant a device that collects or transmits data, including a device that is installed subcutaneously in the body. | |
| 127 | - | ||
| 128 | - | (d) Notwithstanding subdivisions (a) to (c), inclusive, an employer may use routine workplace surveillance tools in a work area not listed in paragraph (1) of subdivision (a) even if an employee may be present, as long as the employee is made aware in advance that a workplace surveillance tool is in use. | |
| 129 | 95 | ||
| 130 | 96 | 1562. (a) An employer shall not deny an employee the rights under this part or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to use, the employees rights under this part, filing a complaint with the department or alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or opposing any policy or practice or act that is prohibited by this part.(b) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.(c) The Labor Commissioner shall enforce this section, 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 section 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.(d) (1) Alternatively to subdivision (b), any employee who has suffered a violation of subdivision (c) may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages, and for reasonable attorneys fees as part of the costs of any such action for damages.(2) In any civil action brought pursuant to paragraph (1), an employee or the employees exclusive representative may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief.(e) In addition to other remedies as may be provided by the laws of this state or its subdivisions, any public prosecutor may also institute an action for a violation of this part, including an action seeking injunctive relief. | |
| 131 | 97 | ||
| 132 | 98 | ||
| 133 | 99 | ||
| 134 | 100 | 1562. (a) An employer shall not deny an employee the rights under this part or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to use, the employees rights under this part, filing a complaint with the department or alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or opposing any policy or practice or act that is prohibited by this part. | |
| 135 | 101 | ||
| 136 | 102 | (b) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation. | |
| 137 | 103 | ||
| 138 | 104 | (c) The Labor Commissioner shall enforce this section, 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 section 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. | |
| 139 | 105 | ||
| 140 | 106 | (d) (1) Alternatively to subdivision (b), any employee who has suffered a violation of subdivision (c) may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages, and for reasonable attorneys fees as part of the costs of any such action for damages. | |
| 141 | 107 | ||
| 142 | 108 | (2) In any civil action brought pursuant to paragraph (1), an employee or the employees exclusive representative may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief. | |
| 143 | 109 | ||
| 144 | 110 | (e) In addition to other remedies as may be provided by the laws of this state or its subdivisions, any public prosecutor may also institute an action for a violation of this part, including an action seeking injunctive relief. | |
| 145 | 111 | ||
| 146 | 112 | 1563. (a) This part does not preempt any local law that provides equal or greater protection to workers.(b) 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.(c) This part does not limit the authority of the Attorney General, a district attorney, or a city attorney, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the commissioner or the division. | |
| 147 | 113 | ||
| 148 | 114 | ||
| 149 | 115 | ||
| 150 | 116 | 1563. (a) This part does not preempt any local law that provides equal or greater protection to workers. | |
| 151 | 117 | ||
| 152 | 118 | (b) 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. | |
| 153 | 119 | ||
| 154 | 120 | (c) This part does not limit the authority of the Attorney General, a district attorney, or a city attorney, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the commissioner or the division. |