Workplace surveillance.

Protected areas reduced from bathrooms, locker rooms, changing areas, lactation spaces, employee-only breakrooms, cafeterias, and public bathrooms to only bathrooms located in the workplace.

Off-duty hour protections are eliminated. Previously workers could leave surveillance tools behind during off-duty hours; now the only protected circumstance is entering a bathroom.

The preemption language changes from 'this part does not preempt' other state or local law to 'this part is not intended to limit' other state or local law, weakening the bill's assertion of supremacy over local protections.

The term 'worker' (which included independent contractors) is replaced throughout with 'employee,' removing independent contractor coverage from the bill's protections.

The right of a worker to request video surveillance footage they appear in is removed.

A new definition of 'artificial intelligence' is added: an engineered or machine-based system that varies in its level of autonomy and can infer from input how to generate outputs influencing physical or virtual environments.

The definition of 'workplace surveillance tool' is simplified, removing language about surveilling 'the public that are capable of passively surveilling workers.'

The prohibition on requiring workers to physically implant data-collecting devices (including subcutaneous implants) is removed.

The ban on audio surveillance in employee-only breakrooms and cafeterias, along with the signage requirement for non-audio surveillance in those areas, is removed.

The prohibition on generative AI-enabled video surveillance in breakrooms and cafeterias is removed.

The multiemployer jobsite notice requirement (controlling employer must post a general description of monitored activities and purposes) is removed.

The AI restriction in the bathroom exception changes from 'is not artificial intelligence enabled' to 'does not have physically embedded or attached artificial intelligence,' allowing non-embedded AI systems.

The anti-retaliation provision (prohibiting discharge, demotion, suspension, or discrimination against employees for exercising rights under this part) is removed.

The civil penalty changes from a flat $500 per violation to 'up to $500 for each violation,' giving enforcement discretion on the amount.

The part is renumbered from starting at Section 1580 to Section 1560 in the Labor Code.

The protected class was narrowed from 'worker' (defined to include employees and independent contractors) to 'employee' only. The definition of 'Worker' was removed and replaced with definitions of 'Employ' and 'Employee.' This excludes independent contractors from the bill's protections.

The core prohibition on surveillance was narrowed from covering four types of employee-only areas (bathrooms, locker rooms, changing areas, and lactation spaces) to only 'employees in a bathroom located in the workplace.'

The national security and military exemption (Section 1565) was narrowed from a blanket exemption for any employer developing national security, military, space, or defense products or aircraft to only operations where surveillance is reasonably necessary to comply with a specific federal statute, regulation, or binding federal contract.

A new Section 2 was added declaring that the bill addresses a matter of statewide concern rather than a municipal affair, ensuring it applies to all cities including charter cities.

The non-preemption provision was broadened from 'does not preempt any local law that provides equal or greater protection to workers' to 'is not intended to limit any other state or local law, including but not limited to Section 435, that provides equal or greater protection to employees,' extending the savings clause to state laws as well.

The right to leave behind workplace surveillance tools was narrowed from applying when entering employee-only breakrooms, cafeterias, public bathrooms, and during off-duty hours to only 'when entering a bathroom.'

The civil penalty was changed from a fixed '$500 per violation' to 'up to $500 for each violation,' making it a maximum rather than a set amount. Additionally, civil actions may now seek punitive damages and reasonable attorney's fees, and may be brought in any county where the violation occurred or the employer transacts business.

The 'Employer' definition was expanded to explicitly include farm labor contractors (Section 1682), foreign labor contractors (Business and Professions Code Section 9998.1), client employers under Section 2810.3, and entities contracting for property services under Section 238.5.

The condition for badges and personal alarm systems allowed in protected areas was expanded from 'does not detect or record audio' to 'does not detect or record audio or video,' adding a video recording prohibition.

Civil penalty reduced from $500 per employee for each violation to $500 per violation, significantly lowering the financial cost of non-compliance for employers with large workforces.

Breakrooms were removed from the list of protected employee-only areas (subdivision (a)) where workers have the right to leave behind surveillance tools. The remaining protected areas are bathrooms, locker rooms, changing areas, and lactation spaces.

Two additional peace officer categories were added to the law enforcement agency exemption: Section 830.7 and Section 830.75 of the Penal Code, expanding which agencies are exempt from the bill's requirements.

The AI monitoring prohibition was narrowed from 'artificial intelligence monitoring capacity' to 'generative artificial intelligence monitoring capacity,' with an explicit allowance for AI photo or video correction tools that do not have monitoring or surveillance capacity.

The detailed video camera provisions for breakrooms and cafeterias (which allowed safety cameras with no audio, signage requirements, and limited review conditions) were replaced with simpler rules: no audio surveillance, required signage, and no generative AI monitoring.

A new exception was added allowing employers to require workers to use workplace surveillance tools (such as phones) for job-related communication during off-duty hours, which would override the worker's right to leave the tool behind.

Worker access to their own video footage was simplified from a complex multi-part process (requesting specific segments, employer reviewing only that segment, storage restrictions) to a straightforward right to request video surveillance the worker is in.

Senator Cortese Becker was added as a coauthor alongside Senators Cortese and McNerney.

The right to leave behind workplace surveillance tools now explicitly applies when entering employee-only breakrooms and cafeterias, not just during off-duty hours. This expands the list of protected areas where workers can remove surveillance devices from their person.

A new exemption allows employers to require workers to keep a workplace surveillance tool (including a badge or personal alarm system) on their person in protected areas during off-duty hours, provided the tool does not detect or record audio and is not artificial intelligence enabled.

The off-duty hours provision is clarified to exclude rest periods from the right to leave behind surveillance tools, meaning workers may be required to keep tools during rest periods even if they are off-duty.

A new Section 1562 prohibits a worker from removing or physically tampering with any component of a workplace surveillance tool that is part of or embedded in employer equipment or vehicles. This creates a new obligation on workers regarding fixed surveillance hardware.

The video surveillance provisions are restructured to add explicit standalone rules: no audio surveillance in employee-only breakrooms or cafeterias, mandatory signage for any surveillance in those areas, and a prohibition on AI monitoring capacity in breakrooms and cafeterias. These were previously only conditions within the video camera exception.

A new Section 1565 exempts law enforcement agencies (including those employing peace officers under various Penal Code sections) from the bill's requirements when acting as a law enforcement agency or as the employer of its own employees.

The prohibition on monitoring workers in off-duty areas was narrowed from a broad list (including lounges, designated smoking areas, and 'other areas where workers congregate while off-duty but on work premises') to a specific list of 'employee-only, employer-designated areas': bathrooms, locker rooms, changing areas, breakrooms, lactation spaces, and cafeterias.

Added a court order exception: employers may monitor in employee-only areas if directed by a court order.

New Section 1564 exempts employers that develop products for national security, military, space, or defense purposes, or develop aircraft for operation in national airspace.

New definition of 'employer-designated area' as an area the employer provides or has historically provided for breaks or to purchase, obtain, or consume food or beverages.

The definition of 'workplace surveillance tool' now explicitly excludes smoke detectors, carbon monoxide detectors, and weapon detection systems that automatically screen a person's body.

New exemptions: no violation if a worker voluntarily brings or keeps a surveillance tool in an off-duty area, or if the tool is required to access a locked or secured area.

Worker's right to disable or leave behind surveillance tools now includes 'public bathrooms' but adds an exception when a worker is required to remain available during meal or rest periods pursuant to federal or state law.

Employers may now check surveillance tools for one-time entry and exit in off-duty areas for health and safety purposes, as long as frequency of use is not monitored.

On multiemployer jobsites, a controlling employer may post a single notice describing monitored activities, satisfying the requirement for all employers whose employees work on that jobsite.

Labor Commissioner enforcement changed from mandatory ('shall enforce') to discretionary ('may enforce'), reducing the obligation to investigate and act on violations.

Removed the prohibition on employers using workplace surveillance tools to monitor a worker's residence, personal vehicle, or property owned, leased, or used by a worker (old Section 1561(a)(2)). This was a major expansion of privacy protection that is now gone.

Removed the worker's right to disable workplace surveillance tools during off-duty hours in their residence, personal vehicle, or property (old Section 1561(b)(2)). Workers can no longer demand employers turn off tracking devices while they are at home or in their car.

Narrowed the worker's right regarding surveillance tools from 'disable or leave behind' to only 'leave behind.' Workers can set down a device but can no longer require an employer to remotely turn it off.

Removed the definition of 'worker data' which broadly covered any information that identifies, relates to, describes, or could be linked to a worker. The surveillance tool definition no longer references this term.

Eliminated the private right of action (old Section 1562(d)) that allowed employees who suffered retaliation to file civil lawsuits for damages, punitive damages, attorney's fees, and injunctive relief. Workers can no longer sue their employer directly for violations of this part.

Added a new exception under the video surveillance rules (Section 1561(d)(1)(D)(ii)) allowing a worker or their representative to provide requested video footage to the employer for investigation purposes, giving workers a way to share their own recorded footage with employers.

Subdivision (d) was restructured from a single broad exception for 'routine workplace surveillance tools' in work areas into two distinct exceptions: (1) a new, narrowly tailored allowance for video cameras in breakrooms, cafeterias, and lounges limited to worker safety purposes, and (2) the existing passive surveillance exception in work areas with advance notice.

New conditions imposed on video camera use in breakrooms, cafeterias, and lounges: no audio recording, posted signage notifying workers, prohibition on AI or digital monitoring capacity, employer may not review footage unless a worker requests it or law enforcement/court demands it (and the recorded worker must receive a copy), and footage must be stored in a form accessible only to the reviewing worker.

The definition of 'workplace surveillance tool' was changed from 'electronic work pace workplace tracking' to 'electronic workplace tracking,' removing the specific reference to work pace monitoring.

Terminology was standardized throughout the enforcement and remedy sections, replacing 'employee' with 'worker' in multiple instances (e.g., 'an employee off-duty worker' became 'an off-duty worker').

A typo was corrected in the definition: 'that are of capable of passively' became 'that are capable of passively.'

The public prosecutor enforcement provision was simplified from a longer formulation that explicitly mentioned instituting actions for injunctive relief to a shorter reference to enforcement pursuant to Chapter 8 of Division 1.

The definition of 'worker' was narrowed to remove job applicants. The old version covered 'a natural person or that person's authorized representative acting as a job applicant to, an employee of, or an independent contractor.' The new version only covers 'an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in a workplace.'

In Section 1561(a)(1), the phrase 'private, off-duty areas' was changed to 'off-duty areas,' removing the word 'private.' The list of protected areas (bathrooms, locker rooms, changing areas, breakrooms, etc.) remains the same.

The definition of 'authorized representative' (a person or organization appointed by the worker to serve as an agent of the worker) was removed entirely from Section 1560.

In the definition of 'workplace surveillance tool,' the term 'electronic work pace tracking' was changed to 'workplace tracking,' removing both the 'electronic' qualifier and the 'pace' limitation, potentially broadening what types of tracking are covered.

The requirement that workplace surveillance tools be disabled during off-duty hours, including rest and break periods, in a worker's residence, personal vehicle, or property was removed. This was previously subdivision (b) of Section 1561.

Section 1562(e) now explicitly states that the part may be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1 of the Labor Code, providing a specific statutory basis for enforcement.

References to 'employee' in Section 1561(d) were changed to 'worker' to align with the bill's defined terminology (e.g., 'an employee may be present' became 'a worker may be present').

Assembly Member Ward was added as a coauthor of the bill.

The definition of 'employer' now explicitly includes all branches of state government, counties, cities, municipalities, political subdivisions, school districts, special districts, and any authority, commission, board, or agency. This makes clear the bill applies to public sector employers, not just private ones.

The list of protected private off-duty areas was expanded to include 'designated smoking areas' (previously just 'smoking areas') and added a catch-all for 'other areas where workers congregate while off-duty but on work premises.'

A new provision gives workers the right to disable or leave behind workplace surveillance tools that are on their person or in their possession when entering off-duty areas or during off-duty hours including meal periods. This also applies in a worker's residence, personal vehicle, or property.

A new exception allows employers to use routine workplace surveillance tools in work areas not listed as private off-duty areas, even if an employee may be present, as long as the employee is made aware in advance that a surveillance tool is in use.

The definition of 'workplace surveillance tool' was revised to include language about tools 'capable of passively surveilling workers,' which appears to narrow or clarify the scope of covered tools (though the amendment text contains what appears to be a drafting error with duplicated wording).