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SB-238 • 2026

Workplace surveillance tools.

Workplace surveillance tools.

Labor Privacy
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Smallwood-Cuevas
Last action
2025-07-16
Official status
July 16 hearing postponed by committee.
Effective date
Not listed

Plain English Breakdown

The bill does not specify enforcement mechanisms or penalties for non-compliance, leaving these aspects uncertain.

Workplace Surveillance Tools

This law requires companies to inform a government agency about the tools they use to monitor workers and customers, including what data will be collected and if people can opt out.

What This Bill Does

  • Requires employers to give yearly notices to the Department of Industrial Relations about workplace surveillance tools they are using.
  • The notice must include personal information that will be collected from workers and consumers.
  • The notice must also say if people have an option to opt out of having their personal information collected.
  • Makes these notices available on the department's website within 30 days after receiving them.

Who It Names or Affects

  • Employers, including public employers
  • Workers and customers whose data might be collected

Terms To Know

Workplace surveillance tools
Devices or systems used by employers to monitor workers and customer interactions in the workplace.
Department of Industrial Relations
A government agency that oversees laws related to employment and working conditions.

Limits and Unknowns

  • The bill does not specify what happens if an employer fails to provide the required notice.
  • It is unclear how this law will be enforced or what penalties might apply for non-compliance.

Bill History

  1. 2025-07-16 California Legislative Information

    July 16 hearing postponed by committee.

  2. 2025-07-14 California Legislative Information

    Joint Rule 62(a) suspended.

  3. 2025-07-09 California Legislative Information

    July 8 set for first hearing canceled at the request of author.

  4. 2025-06-26 California Legislative Information

    From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 5. Noes 1.) (June 25). Re-referred to Com. on P. & C.P.

  5. 2025-06-09 California Legislative Information

    Referred to Coms. on L. & E. and P. & C.P.

  6. 2025-06-04 California Legislative Information

    In Assembly. Read first time. Held at Desk.

  7. 2025-06-03 California Legislative Information

    Read third time. Passed. (Ayes 27. Noes 10. Page 1473.) Ordered to the Assembly.

  8. 2025-05-23 California Legislative Information

    Read second time. Ordered to third reading.

  9. 2025-05-23 California Legislative Information

    From committee: Do pass. (Ayes 5. Noes 1. Page 1192.) (May 23).

  10. 2025-05-20 California Legislative Information

    Set for hearing May 23.

  11. 2025-05-19 California Legislative Information

    May 19 hearing: Placed on APPR. suspense file.

  12. 2025-05-09 California Legislative Information

    Set for hearing May 19.

  13. 2025-05-01 California Legislative Information

    Read second time and amended. Re-referred to Com. on APPR.

  14. 2025-04-30 California Legislative Information

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 2. Page 938.) (April 29).

  15. 2025-04-23 California Legislative Information

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 870.) (April 23). Re-referred to Com. on JUD.

  16. 2025-04-09 California Legislative Information

    Set for hearing April 29 in JUD. pending receipt.

  17. 2025-04-04 California Legislative Information

    Set for hearing April 23.

  18. 2025-04-02 California Legislative Information

    Re-referred to Coms. on L., P.E. & R. and JUD.

  19. 2025-03-26 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  20. 2025-02-05 California Legislative Information

    Referred to Com. on RLS.

  21. 2025-01-30 California Legislative Information

    From printer. May be acted upon on or after March 1.

  22. 2025-01-29 California Legislative Information

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 238, as amended, Smallwood-Cuevas.
Workplace surveillance tools.
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 an employer 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, the
data
personal information
that will be collected from workers and consumers and whether they will have the option of opting out of the collection of personal
data.
information.
The bill would require the department to make the notice publicly available on the department’s internet website within 30 days of receiving the notice. The bill would define “employer” to include, among other entities, public employers, as specified.

Current Bill Text

Read the full stored bill text 
Download Bill PDF