Workplace Safety
AB 1331 (2026): Employers Prohibited from Bathroom Monitoring
Updated
Assembly Bill 1331, by Assembly Member Elhawary, adds Part 5.8 (commencing with Section 1560) to Division 2 of the Labor Code to limit how employers use workplace surveillance tools, with a specific focus on workplace bathrooms. The new law bars employers from using these tools to monitor or surveil employees in a bathroom located in the workplace, and it gives employees the right to leave such tools behind when entering a bathroom, subject to exceptions. The statute 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 or body. Before this measure, the Labor Code did not include a dedicated framework addressing employer use of electronic workplace surveillance tools.
AB 1331 fills that gap by adding Part 5.8 to Division 2 of the Labor Code. The new part defines key terms, sets limits tied to workplace bathrooms, and establishes enforcement mechanisms and a civil penalty. The Legislature also declares that the new part addresses a matter of statewide concern and applies to all cities, including charter cities.
What the Law Changes
Labor Code section 1560 defines a “workplace surveillance tool” as a system, application, instrument, or device that collects or facilitates the collection of employee data, activities, communications, biometrics, or behaviors by means other than direct observation by a person. Examples include video or audio surveillance, continuous incremental time-tracking tools, geolocation, and electromagnetic or photo-optical tracking. The definition excludes smoke or carbon monoxide detectors and weapon detection systems that automatically screen a person’s body.
Section 1560 also defines “employer” broadly to include public entities, labor contractors, client employers under Labor Code section 2810.3, farm labor contractors, and foreign labor contractors. It defines “artificial intelligence” and ties the term “public prosecutor” to the definition in Labor Code section 180.
Under section 1561, unless directed by a court order, an employer shall not use a workplace surveillance tool to monitor or surveil employees in a bathroom located in the workplace. Employees have the right to leave behind such tools when entering a bathroom, except when they are required to remain available during meal or rest periods under federal or existing state law. An employer may still check such tools for the one-time entry and exit of workplace bathrooms.
Employers may not use workplace surveillance tools to monitor or surveil employees in a workplace bathroom, and employees have the right to leave those tools behind when entering a bathroom, subject to stated exceptions.
Exceptions and Enforcement
Section 1561 provides that an employer is not in violation if an employee voluntarily brings a tool into a bathroom, or if an employee brings a tool such as a badge or personal alarm because the employer requires it for identification or safety or to access a locked bathroom, so long as the tool does not record audio or video and has no embedded or attached artificial intelligence. Sections 1564 and 1565 add that the part does not override laws giving equal or greater protection, is severable, and exempts certain aircraft and national security, military, space, or defense operations covered by federal requirements.
Under Labor Code section 1563, the Labor Commissioner may enforce the part, including investigating violations, ordering temporary relief, issuing citations, and filing civil actions through procedures in sections 98.3, 98.7, 98.74, and 1197.1. A public prosecutor may also bring enforcement actions. Courts may award injunctive relief, punitive damages, and reasonable attorney’s fees and costs, and an employer who violates the part may be subject to a penalty of up to $500 for each violation.
What This Means for You
This law restricts employer use of electronic workplace surveillance tools in workplace bathrooms and gives employees the right to leave such tools behind when entering one, subject to listed exceptions. It applies broadly across public and private employers and sets a civil penalty of up to $500 per violation, enforceable by the Labor Commissioner or a public prosecutor.
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.