In this guide7 sections
California will ban two kinds of workplace surveillance on January 1, 2027: AI tools that read workers’ emotions or collect their brain and nerve data (AB 1883), and monitoring of employees in workplace bathrooms (AB 1331), under bills Governor Gavin Newsom signed on September 30, 2026. Both laws carry penalties of up to $500 per violation.
Employers increasingly use cameras, badges, wearables, phone geolocation and software that logs every keystroke or idle minute. These two laws draw new lines around what that technology can do and where it can go, and they apply to public employers and staffing arrangements as well as private companies.
Below we explain what each law does, the exceptions, how they will be enforced, and the privacy rights California workers already have today.
- Governor Newsom signed AB 1883 and AB 1331 on September 30, 2026. Both take effect January 1, 2027.
- AB 1883 bans workplace surveillance tools that use AI to read or predict workers’ emotions or to collect neural data.
- AB 1331 bans employers from monitoring workers in workplace bathrooms and lets you leave tracking devices behind when you go in, with limited exceptions.
- Violations can bring penalties of up to $500 each, enforced by the Labor Commissioner and public prosecutors.
- Existing California law already bars audio and video recording in restrooms, locker rooms and changing rooms (Labor Code 435).
What happened
On September 30, 2026, Governor Newsom signed AB 1883 by Assemblymember Isaac Bryan (Chapter 853, Statutes of 2026) and AB 1331 by Assemblymember Mark Elhawary (Chapter 851, Statutes of 2026), according to the official bill records. They were part of a package of AI and workplace bills signed that day, which also included the “No Robo Bosses Act” (SB 947) on AI-driven firing and SB 951 on AI-caused layoffs.
Neither bill sets a special start date, so both take effect on January 1, 2027. Fisher Phillips also reported that date. Each adds new sections to the Labor Code: Sections 1580–1583 (AB 1883) and Sections 1560–1565 (AB 1331).
The version of AB 1331 that became law is focused on bathrooms. It does not separately restrict monitoring of break rooms or off-duty conduct.
| Law | What it bans | Key exceptions | Takes effect |
|---|---|---|---|
| AB 1883 (Bryan) | Using an AI-powered surveillance tool on employees to recognize or predict emotional states, or to collect neural data | Tools used to ensure safety; certain federal aerospace and defense work | Jan. 1, 2027 |
| AB 1331 (Elhawary) | Using any surveillance tool to monitor employees in a workplace bathroom | Court orders; a one-time entry and exit check; ID or safety badges without audio, video or AI | Jan. 1, 2027 |
What the two laws do
AB 1883: no AI emotion tracking or neural data
Both laws define a “workplace surveillance tool” broadly: any system, app, instrument or device that collects employee data, activities, communications, biometrics or behaviors by means other than direct observation by a person. That includes video and audio surveillance, continuous time-tracking, geolocation and similar technology.
Under AB 1883, an employer may not use such a tool that relies on AI to recognize, infer or predict a worker’s emotional state, or to collect neural data, meaning information generated by measuring activity of the brain or nervous system (Labor Code 1581). The law states that it does not prohibit tools used to ensure safety.
AB 1331: no monitoring in bathrooms
Unless a court orders it, an employer may not use a surveillance tool to monitor or surveil employees in a workplace bathroom (Labor Code 1561). You also have the right to leave surveillance tools you carry, such as a company phone or wearable, behind when you enter a bathroom.
There are limits. The leave-behind right does not apply if you are required by law to remain available during meal or rest periods. An employer may still check a one-time entry and exit. And it is not a violation if you choose to bring a device in, or if you carry a required ID badge or personal safety alarm that does not record audio or video and has no built-in AI.
What this means for California workers
For most workers, the practical effect is that two of the most invasive uses of workplace technology are off the table after January 1, 2027. Software that scores your mood from your voice or face through a workplace surveillance system, and devices that read brain or nerve activity, will be prohibited. Trackers that follow you into the restroom will be too.
Both laws are enforced by the Labor Commissioner and by public prosecutors, who can seek injunctions, attorney’s fees and penalties of up to $500 per violation. Under AB 1883, the penalty can be paid to the affected employee as a statutory penalty or collected as a civil penalty, but not both. Local ordinances that protect workers more strongly remain in effect.
Some questions will be worked out over time, including how far the safety exception in AB 1883 reaches. Monitoring that falls outside these two laws is not automatically lawful, either. California’s Constitution protects privacy, and other statutes already limit recording and tracking at work.
If your employer’s monitoring crosses the line, or you were punished for objecting to it, talk to our team. Free, confidential case review.
How California law protects your privacy at work
- No recording in private spaces. Labor Code 435 already prohibits employers from making audio or video recordings in restrooms, locker rooms and rooms designated for changing clothes, unless a court authorizes it.
- A constitutional right to privacy. Article I, Section 1 of the California Constitution protects privacy against private employers as well as the government.
- Right to know what is collected. California’s consumer privacy law gives employees of covered businesses the right to know what personal information is collected about them.
- Quotas cannot block bathroom breaks. For covered warehouse workers, quotas that prevent rest breaks or bathroom use are unlawful. See our guide to the California warehouse quota law.
- No retaliation for speaking up. Labor Code 1102.5 and 98.6 protect workers who report suspected violations of law or complain about working conditions. Read our guide on being fired after complaining to HR.
If you are thinking about documenting surveillance yourself, be careful: California generally requires everyone’s consent to record confidential conversations. Our guide to recording your boss in California explains the rules. For everything else changing next year, see new California employment laws for 2027.
What to do now
- Learn what tools your employer uses. Read handbooks, device policies and any monitoring notices, and keep copies.
- Write down specifics. Note where cameras, sensors or tracking devices are placed and what you were told they do.
- Ask questions in writing. A polite email asking what data a tool collects creates a record and is protected activity.
- Do not secretly record conversations. Photos of a camera’s placement in a common area are different from recording private conversations without consent.
- After January 1, 2027, report violations to the Labor Commissioner if you are monitored in a bathroom or subjected to emotion-tracking or neural-data tools.
- Get legal advice if you were disciplined or fired after objecting to monitoring.
Frequently asked questions
Are these laws in effect now?
No. Both were signed on September 30, 2026, and take effect January 1, 2027. Existing protections, such as the ban on recording in restrooms and changing rooms, already apply.
Can my employer still track my location or my computer activity?
Often, yes, for legitimate business purposes, but those tools cannot be used to monitor you in a bathroom, and AI features that infer your emotions are banned starting in 2027. Other privacy laws may also limit how tracking is done.
Do I have to bring my work phone or badge into the bathroom?
Starting in 2027, you generally have the right to leave surveillance tools behind. Exceptions include workers required by law to stay available during breaks, and required ID or safety badges that do not record audio or video and have no built-in AI.
Can I be fired for complaining about surveillance?
Retaliating against a worker for reporting a suspected violation of law or complaining about working conditions is generally illegal in California. If it happens, document the timeline and talk to a lawyer.
Sources
- California Legislative Information: AB 1883, Workplace surveillance tools (Chapter 853, Statutes of 2026)
- California Legislative Information: AB 1331, Workplace surveillance (Chapter 851, Statutes of 2026)
- Office of the Governor: Governor Newsom signs more first-in-the-nation worker protections
- Fisher Phillips: California’s new workplace laws put AI and employee monitoring in the spotlight
- KQED: Newsom signs slate of AI workplace laws barring robo bosses and surveillance
- CalMatters: On AI, Newsom gives labor most of what it demanded
Workers only. Never employers.
At Employees First Labor Law, we represent California workers only, never employers. Our team has recovered more than $200 million for workers, and we prepare every case as if it is going to trial. We have offices in Pasadena, Irvine, Long Beach, Pomona, Riverside, Bakersfield and Fresno, and we serve workers throughout California. Meet our team.
If your employer monitored you in a bathroom or other private space, used invasive tracking, or retaliated against you for objecting, we can review your options under California privacy and employment law. We represent California workers only, never employers.
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This article provides general information about California law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
