California AB 1331 Workplace Bathroom Surveillance Law

What Does AB 1331 Ban?

From January 1, 2027, California employers generally may not use a workplace surveillance tool to monitor employees in a workplace bathroom unless directed by a court order. Governor Newsom signed AB 1331. Employees may leave workplace surveillance tools behind when entering a workplace bathroom, and the employer cannot discipline them for doing so, though this right does not apply if the employee must remain available during meal or rest periods. Employers face penalties of up to $500 for each violation, though how violations are counted is unresolved.

A separate law, AB 1883, also takes effect January 1, 2027, barring AI-enabled workplace surveillance tools used to recognize or make inferences or predictions about emotional state, or to collect neural data. Our analysis relies on employer-side law-firm summaries rather than statutory text or established case law. For workers seeking broader context on emerging state statutes, see our guide to state vs federal AI regulation.

AB 1331 in brief:

• Effective date: January 1, 2027.
• The ban: Employers generally may not use a workplace surveillance tool to monitor or surveil employees in a bathroom located in the workplace.
• Court-order exception: Surveillance is permitted if directed by a court order.
• Leaving tools behind: Employees may leave workplace surveillance tools behind when entering a workplace bathroom without discipline, unless they must remain available during meal or rest periods.
• Penalties: Up to $500 for each violation.

What AB 1331 Bars Employers from Monitoring

California AB 1331 restricts employers from using a workplace surveillance tool to monitor or surveil employees in a bathroom located in the workplace. According to Fisher Phillips' summary of AB 1331, video analytics can count as surveillance tools. Certain identification, safety, and access-control tools are allowed, but they must meet two limits:

• They must not detect or record audio or video.
• They must not have physically embedded or attached artificial intelligence.

Morgan Lewis' alert on California's new AI-at-work laws describes AB 1331 as not principally an AI law. Whether non-AI cameras or sensors in work areas near bathrooms are treated differently is not stated in the sources.

Spaces and Situations That AB 1331 Does Not Cover

According to Fisher Phillips, earlier drafts covered more. Not covered in the final version:

• Break rooms
• Locker rooms
• Lactation spaces
• Cafeterias
• Off-duty hours

Employees may leave workplace surveillance tools behind when entering a workplace bathroom, and the employer cannot discipline them for doing so; this right does not apply if the employee must remain available during meal or rest periods. Employees may also bring tools into bathrooms voluntarily.

Employee Rights and Enforcement Options Under AB 1331

The Labor Commissioner is the named enforcement body for the right to leave tools behind and for the bathroom ban. The Labor Commissioner can investigate, order temporary relief, issue citations, and file civil actions. Public prosecutors (the Attorney General, district attorneys, and city attorneys) can also sue. Civil actions may seek injunctive relief, punitive damages, and attorneys' fees and costs. There is no express private right of action, but Fisher Phillips expects plaintiffs to argue for a claim under PAGA (California's Private Attorneys General Act).

How AB 1331 Connects to the AB 1883 Emotion and Neural Data Ban

AB 1331 and AB 1883 are separate laws that both take effect on January 1, 2027. While AB 1331 generally bans workplace surveillance tools in workplace bathrooms, AB 1883 addresses AI tools used on employees. According to Fisher Phillips' analysis of AB 1883, Governor Newsom signed the measure around the end of September 2026. This signing date is inferred from Fisher Phillips' alert published on October 1, 2026, which reported the signing as occurring late the previous day. The exact signing date of AB 1331 is unknown from the sources.

Under AB 1883, employers may not use an AI-enabled workplace surveillance tool on employees for "recognizing, or making inferences or predictions about, an individual's emotional state" or for "collecting neural data." Morgan Lewis highlights the statutory definition of neural data, which covers information generated by measuring the activity of an employee's central or peripheral nervous system that is not inferred from nonneural information.

Coverage under AB 1883 includes:

• Private and public employers of all sizes.
• Labor contractors and certain businesses that contract with them.
• Communications, as the definition of workplace surveillance tool expressly includes communications, so tools that infer mood from email or chat may be covered (the list of examples is not exhaustive).

Both laws authorize penalties of up to $500 per violation, with violation undefined, and enforcement by the Labor Commissioner and public prosecutors (with remedies including injunctive relief, punitive damages, and attorney's fees and costs). The final bill for AB 1883 dropped a private right of action, though Fisher Phillips warns plaintiffs may try to use Labor Code Section 1582(d)(2) via PAGA. For AB 1883, Morgan Lewis adds that an employee, the Labor Commissioner, or a public prosecutor may recover penalties, but not more than one of them for the same violation.

AB 1883 "does not prohibit an employer from using a workplace surveillance tool to ensure safety." Fisher Phillips calls the scope of that safety exception an open question, and some analyses read it narrowly. AB 1883 also exempts certain aircraft, national security, military, space, or defense work, but only where a federal statute, regulation, or binding federal contract requires the tool.

Unresolved Legal Questions Surrounding Both Measures

Enforcement standards under AB 1331 and AB 1883 remain unresolved ahead of their January 1, 2027 effective date.

Both laws authorize penalties of "up to $500 for each violation," but neither statute defines a single violation. The sources do not say how the Labor Commissioner will count violations. Fisher Phillips says this leaves counting unresolved.

A second open question is how the safety exception under AB 1883 will be read.

A third open question involves PAGA claims. For AB 1331, Fisher Phillips expects plaintiffs to argue for a claim under PAGA. For AB 1883, where the final bill dropped a private right of action, Fisher Phillips warns plaintiffs may try to use Labor Code Section 1582(d)(2) via PAGA. The sources we read cite no case law on either statute.

Finally, according to Morgan Lewis, Governor Newsom's signing message for AB 1883 noted ambiguities that may need further legislative clarification. The chapter numbers for both bills are not stated in the sources. You can monitor statutory updates directly on the bill's text page on the California legislature's site. For broader tracking of statutory changes, visit our central index on state and federal AI legislation.

Our Takeaway on California AB 1331 Workplace Bathroom Surveillance

What AB 1331 means in practice depends on whether you are a worker or an employer:

• For workers: The ban is narrow, applying to bathrooms only, and you can leave workplace surveillance tools behind when entering a workplace bathroom without discipline, unless you must remain available during meal or rest periods.
• For employers: Employers should audit the devices that go into bathrooms before January 1, 2027, to confirm that allowed identification, safety, and access-control tools do not detect or record audio or video and have no physically embedded or attached artificial intelligence.

Our evidence basis is secondary summaries from employer-side law firms (Fisher Phillips and Morgan Lewis) and our reading of them, not the statute. We have not tested any tool or read case law, and the sources we read cite no case law. Final statutory text or regulator guidance may change the picture. This is general information, not legal advice. To examine related protections, explore our guides on AI regulation, facial recognition laws, and practical strategies for fighting back against workplace surveillance. For ongoing developments regarding California AB 1331 workplace bathroom surveillance, see our coverage on state and federal AI legislation and the Ban the Bots briefing.