10/20/2026
California didn’t ban workplace cameras. It didn’t ban AI. It banned AI that decides how your employees feel.
That’s the clearest way to understand AB 1883, signed by Governor Newsom effective January 1, 2027.
What’s still fine:
✔ Video monitoring
✔ AI that tracks location, breaks, or tasks
✔ Driver systems that detect closed eyes or phone use
✔ A timer that says “you’ve driven six hours, take a break”
What’s off limits:
✘ A “burnout risk” flag
✘ A “frustration” score on a recorded call
✘ A prediction that an employee is disengaged
✘ An algorithm predicting a driver is “stressed”
Two details make this broader than it looks. Inferences and predictions count, so a tool doesn’t have to claim it “reads” emotions. And “emotional state” isn’t defined.
There’s no private right of action, but the civil penalty of up to $500 per violation may well find its way into PAGA notices.
My full write-up on AB 1883, including the open question on the safety exception: https://ow.ly/p6bO50ZZxF6
