Employers must tell workers about most electronic monitoring

Employers must give workers written notice about electronic monitoring. The notice must name the types of monitoring and the specific locations where it may happen, for employees who may be affected. A notice posted where employees can readily see it counts as written notice. The section takes effect October 1, 2026. Employers must give each employee hired on or after that date a plain-language statement about activities that may be monitored without advance notice, before the employee starts work.

Employers may monitor without advance notice in certain cases and may omit specific location details in certain settings. These exceptions apply to employers that electronically monitor employees. An employer may monitor without advance notice only if it has reasonable grounds to believe workers are breaking the law, violating legal rights, or creating a hostile workplace, and monitoring may produce evidence of that conduct. The rule to name specific locations does not apply at airports or when an employer has reasonable grounds to monitor for security and employee safety. The section takes effect October 1, 2026.

The Labor Commissioner may impose fines after a hearing for violations of the notice rules. The Commissioner may fine a person found to have violated the employee-monitoring rules. The section does not apply to criminal investigations, but information gathered through electronic monitoring during one may be used to discipline an employee. The maximum fine is $500 for a first offense, $1,000 for a second, and $3,000 for a third or later offense. The section takes effect October 1, 2026.