Workplace surveillance tools.

Assembly Member Bryan's workplace surveillance legislation establishes new requirements for California employers using electronic monitoring tools to collect worker data. The measure requires employers to provide 30-day advance written notice before implementing surveillance systems, detailing the specific data collected, monitoring locations and technologies used, data storage practices, and how the information factors into employment decisions.

The bill prohibits employers from using surveillance tools that incorporate facial, gait, or emotion recognition technology, or that collect information about workers' immigration status, health conditions, political beliefs, or other protected characteristics. When using surveillance data in disciplinary decisions, employers must conduct independent human reviews, allow workers to access and correct their data, and maintain records for five years. Employers cannot transfer worker data to vendors without contracts mandating specific security protocols and restricting data sharing.

The Labor Commissioner holds primary enforcement authority, with the ability to investigate violations and issue $500 civil penalties per incident. Workers may also pursue civil actions for damages, including punitive damages and attorney fees, while public prosecutors retain separate enforcement powers. The measure includes anti-retaliation protections for workers exercising their rights and allows local jurisdictions to enact stronger workplace surveillance regulations.