On September 30, 2026, Governor Gavin Newsom signed Assembly Bill 1331, which prohibits employers from using electronic surveillance tools to monitor employees in workplace bathrooms. The law takes effect January 1, 2027, and allows for a penalty of up to $500 for each violation. Employers that rely on security cameras, badge systems, or location-tracking devices should review how those tools operate before the law takes effect.
What AB 1331 Prohibits
Unless a court orders otherwise, an employer may not use a workplace surveillance tool to monitor or surveil employees in a bathroom located in the workplace. Employees also have the right to leave behind surveillance tools that are on their person or in their possession, such as a tracking device or a work phone, when they enter a bathroom.
The law defines a workplace surveillance tool broadly. It includes any system, application, instrument, or device that collects employee data, activities, communications, actions, biometrics, or behaviors by means other than direct observation by a person. That covers video and audio monitoring, time-tracking tools, geolocation, and similar technology, whether or not it uses artificial intelligence.
There are limited exceptions. Employers may still:
- Allow employees to use a surveillance tool voluntarily.
- Require a badge or personal alarm to access a locked or secured bathroom, as long as the device cannot record audio or video and does not have artificial intelligence embedded or attached to it.
- Use a one-time check when an employee enters or exits the bathroom.
- Use surveillance that federal or state law requires.
Earlier versions of the bill would have also restricted surveillance in break rooms, locker rooms, and other employee-only areas. The final law is limited to bathrooms. However, California Labor Code Section 435 already prohibits employers from making audio or video recordings in restrooms, locker rooms, and rooms designated for changing clothes. AB 1331 adds protection against tracking and data collection tools that do not involve recording at all.
Audit Steps for Security Cameras, Badges, and Tracking Devices
Many violations are likely to be unintended. A camera installed years ago, a badge reader that logs more than it should, or a tracking app that runs in the background can all create exposure. Before January 1, 2027, employers should:
- Review the placement and field of view of every security camera near a bathroom.
- Confirm that badge readers on bathroom doors do not record audio or video, contain no built-in AI, and only log entry or exit.
- Identify every device that tracks employee location, including phones, wearables, scanners, and vehicle systems, and confirm that employees can leave them outside the bathroom without penalty.
- Check whether timekeeping or productivity software tracks how often or how long employees use the bathroom.
- Update written policies so that supervisors understand that employees may set tracking devices aside.
How the Law Will Be Enforced
AB 1331 is enforced by the Labor Commissioner and public prosecutors. It does not create a separate right for an individual employee to sue. Because the penalty is part of the Labor Code, however, employees may be able to pursue it on behalf of the state under the Private Attorneys General Act (PAGA). In an operation with many employees and many tracked bathroom visits, penalties of up to $500 per violation could add up quickly.
Governor Newsom signed AB 1331 alongside AB 1883, which restricts AI-powered workplace surveillance tools, including those that infer an employee’s emotional state. In signing the bills, the Governor indicated that the Legislature may need to clarify some provisions, so further changes are possible.
Speak to an Employment Attorney About Workplace Privacy
If your employer tracks when or how often you use the bathroom, or requires you to keep a monitoring device on you at all times, you may have rights under California law. The attorneys at Keller Grover can review your situation and explain your options. Contact our legal team at Keller Grover today to learn more.