Labor Relations
AB 1883 (2026): Employers Prohibited From Using AI to Read Emotions
Updated
Assembly Bill 1883, by Assembly Member Bryan, adds a new part to the California Labor Code governing certain artificial intelligence surveillance tools in the workplace. With limited exceptions, it prohibits an employer from using a workplace surveillance tool that relies on artificial intelligence to recognize an employee’s emotional state or to collect neural data. As an ordinary statute, it takes effect January 1, 2027.
Background
Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations and authorizes the division, headed by the Labor Commissioner, to enforce the Labor Code and other labor laws not vested in another officer, board, or commission. Before this measure, the Labor Code did not specifically address employer use of artificial intelligence tools that measure emotion or nervous-system activity.
AB 1883 adds Part 5.8 (commencing with Labor Code section 1580) to Division 2 of the Labor Code. The new part defines key terms, states the prohibition, and sets out enforcement and penalties. It also includes a finding that the subject is a matter of statewide concern, so it applies to all cities, including charter cities.
What the Law Changes
New Labor Code section 1581 provides that an employer shall not use a workplace surveillance tool that uses artificial intelligence on employees to recognize, or make inferences or predictions about, an individual’s emotional state, or to collect neural data. Section 1581 also states that it does not prohibit using a surveillance tool to ensure safety, or otherwise where the tool does not fall within the prohibited uses.
Section 1580 defines the reach of the part broadly. “Neural data” means information generated by measuring the activity of an employee’s central or peripheral nervous system that is not inferred from nonneural information. A “workplace surveillance tool” means a system, application, instrument, or device that collects employee data, activities, communications, actions, biometrics, or behaviors by means other than direct observation by a person.
The definition of “employer” includes governmental entities, such as all branches of state government, the University of California, the California State University, counties, and cities, whether general law or charter. It also reaches labor contractors, farm labor contractors, foreign labor contractors, and entities that contract with a labor contractor, including a client employer as defined in section 2810.3.
Employers, including public entities, may not use AI-based workplace surveillance tools to read employees’ emotional states or collect their neural data, subject to narrow exceptions and a civil penalty of up to $500 per violation.
Enforcement and Penalties
New Labor Code section 1582 authorizes the Labor Commissioner to enforce the part, including investigating violations, ordering temporary relief, issuing citations, and filing a civil action through the procedures in sections 98.3, 98.7, 98.74, or 1197.1. A public prosecutor, as defined in section 180, may also enforce the part.
An employer who violates the part may be subject to a penalty of up to $500 for each violation. An employee, the Labor Commissioner, or a public prosecutor may recover the penalty as either a statutory penalty paid to the employee or a civil penalty, but not both for the same violation. Petitioners may also seek injunctive relief, punitive damages, and reasonable attorney’s fees and costs. The part does not preempt local ordinances that provide equal or greater protection.
Exemptions
New Labor Code section 1583 exempts an employer’s use of a workplace surveillance tool relating to the development of aircraft for use in the national airspace, or the development of products or services for national security, military, space, or defense purposes. The exemption applies only to operations covered by a federal statute, federal regulation, or binding federal contract where use of the tool is reasonably necessary to comply with that federal requirement.
What This Means for You
Starting January 1, 2027, California employers, including public entities, may not use AI workplace surveillance tools to read employees’ emotional states or collect neural data, except in limited federal aircraft and national security contexts. The law reaches a broad set of employers and contractors and carries penalties enforceable by the Labor Commissioner, public prosecutors, and affected employees.
I write these summaries as general information about developments in California employment law. They are not legal advice and don’t create a mediator–client relationship. For guidance on a specific matter, consult a qualified attorney.