AB 1221: Workplace surveillance tools.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law authorizes the division, which is headed by the Labor Commissioner, to enforce the Labor Code and all labor laws of the state, the enforcement of which is not specifically vested in any other officer, board, or commission.

This bill would generally regulate the use of workplace surveillance tools and an employer’s use of worker data. The bill would, among other things, require an employer, at least 30 days before introducing a workplace surveillance tool, to provide a worker who will be affected a written notice that includes, among other things, a description of the worker data to be collected, the intended purpose of the workplace surveillance tool, and how this form of worker surveillance is necessary to meet that purpose. The bill would define “employer” to include public employers, as specified. The bill would prohibit an employer from transferring, selling, disclosing, or licensing worker data to a vendor, unless the vendor is under contract to analyze or interpret the worker data and the contract includes certain terms. The bill would prohibit an employer from using certain workplace surveillance tools, including a workplace surveillance tool that incorporates facial, gait, or emotion recognition technology, except as specified. The bill would also prohibit an employer from using a workplace surveillance tool to infer specified categories of information about a worker, including, among others, their immigration status, veteran status, ancestral history, religious or political beliefs, disability status, criminal record, or credit history. The bill would require the Labor Commissioner to enforce the bill’s provisions, would authorize an employee to bring a civil action for specified remedies for a violation of the bill’s provisions, and would authorize a public prosecutor to enforce the provisions. The bill would subject an employer who violates the bill’s provisions to a civil penalty of $500 for each violation. The bill would define various terms for purposes of its provisions.

Sponsors

Sponsors by party (alphabetical): Democratic 4

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. February 2, 2026From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
2. January 31, 2026Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
3. May 23, 2025In committee: Held under submission.
4. May 14, 2025In committee: Set, first hearing. Referred to APPR. suspense file.
5. May 7, 2025Re-referred to Com. on APPR.
6. May 6, 2025Read second time and amended.
7. May 5, 2025From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (May 1).
8. April 22, 2025Re-referred to Com. on P. & C.P.
9. April 21, 2025From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.
10. April 21, 2025In committee: Hearing postponed by committee.
11. April 3, 2025From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 5. Noes 0.) (April 2). Re-referred to Com. on P. & C.P.
12. April 1, 2025Re-referred to Com. on L. & E.