Labor
Workplace surveillance tools
California bars employers from using AI workplace surveillance to read employees’ emotions or collect neural data.
The law sets a statewide limit on intrusive AI monitoring at work, covering both private employers and government employers. Violations can bring enforcement actions and penalties of up to $500 per violation.
What the law does
- Prohibits AI-powered workplace surveillance tools from recognizing, inferring, or predicting an employee’s emotional state.
- Prohibits those tools from collecting employees’ neural data.
- Permits surveillance tools used for safety or tools that do not perform the prohibited AI functions.
- Allows the Labor Commissioner and public prosecutors to investigate, seek relief, and enforce penalties.
- Preserves local ordinances that give employees equal or stronger protections.
- Exempts federally required surveillance in specified aircraft, national-security, military, space, or defense operations when reasonably necessary for compliance.
Who it affects
- Employees monitored through workplace surveillance tools.
- Private employers, labor contractors, farm labor contractors, foreign labor contractors, and client employers.
- State and local government employers, including the University of California and California State University.
Context
The protections apply statewide, including in charter cities.