Workplace surveillance tools., the official text

An act to add Part 5.7 (commencing with Section 1560) to Division 2 of, and to repeal Section 1563 of, the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency to administer and enforce various laws relating to employment and working conditions.
This bill would require a business, as defined, to annually provide a notice to the department of all the workplace surveillance tools the employer is using in the workplace. The bill would require the notice to include, among other information, a list of the workplace surveillance tools being used that surveil employees and the categories of information being collected on employees by the workplace surveillance. The bill would also require a business to send the notice to employees and any union that represents employees of the business. The bill would make a business that violates these provisions subject to a civil penalty of $500 per violation.
This bill would require the department to submit a report to the Legislature by January 1, 2029, compiling the above-described notices provided by businesses. The bill would require that the report include, among other requirements, a breakdown of notices by industry type.

The people of the State of California do enact as follows:

SECTION 1.
Part 5.7 (commencing with Section 1560) is added to Division 2 of the Labor Code, to read:
5.7.
Workplace Surveillance Tools1560.
(a) “Business” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners that employs more than 100 people, and does business in this state.
(b) “Department” means the Department of Industrial Relations.
(c) “Worker” means a natural person or that person’s authorized representative acting as a job applicant to, an employee of, or an independent contractor providing service to, or through, a business or a state or local governmental entity in a workplace.
(d) “Workplace surveillance tool” means any system, application, instrument, or device that collects or facilitates the collection of worker personal information, activities, communications, actions, biometrics, or behaviors, or those of the public, by means other than direct observation by a person, including, but not limited to, video or audio surveillance, electronic workplace tracking, geolocation, electromagnetic tracking, photoelectronic tracking, or use of a photo-optical system or other means. “Workplace surveillance tool” does not include smoke or carbon monoxide detectors or weapons detection systems that automatically screen a person’s body.

1561.
(a) A business shall annually provide a notice to the department of all workplace surveillance tools the employer is using in the workplace.
(b) The notice shall contain all of the following information:
(1) A list of the workplace surveillance tools being used that surveil employees.
(2) The categories of information being collected on employees by the workplace surveillance tools.
(3) The purpose for the collection of each category of information.
(4) How each category of information is being used.
(5) How long the information is being kept.
(6) Whether or not the information is being sold or shared, and with what entities.
(7) Identification of the business by industry type.
(8) Whether employees are unionized or not unionized.
(c) The business shall send the notice required by subdivision (a) to employees and any union that represents employees of the business.

1562.
A business that violates this part shall be subject to a civil penalty of five hundred dollars ($500) per violation.

1563.
(a) By January 1, 2029, the department shall submit to the Legislature a report compiling notices provided by businesses under Section 1561. The report shall include, but not be limited to, all of the following:
(1) A breakdown of notices by industry type.
(2) Identification of whether employees are unionized or not unionized.
(3) Corporate profit generated due to the selling of worker data.
(b) The report shall be submitted in compliance with Section 9795 of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this section shall remain in effect only until January 1, 2033, and as of that date is repealed.