On September 29, 2022, Governor Newsom signed Assembly Bill 984 into law. Effective January 1, 2023, employers will be prohibited from using “an alternative device equipped with tracking technology” to locate, track, watch, listen to, or otherwise surveil an employee during work hours unless such is “strictly necessary” for the performance of the employee’s duties and the employer has first notified the employee of specific items related to the monitoring. An employee also has the right to disable monitoring, including vehicle location technology, outside of work hours. AB 984 imposes civil penalties for a violation, authorizes the issuance of citations, prohibits retaliation against an employee, and vests the Labor Commissioner with the authority to remedy alleged violations of the anti-retaliation provisions of the new law.
Advising And Defending Businesses