WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(e) As used in this part: (a) \"Artificial intelligenceArtificial intelligence\"Artificial intelligence\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Lab. Code § 1570(a)\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) (1) \"EmployerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b)\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d). (2) \"EmployerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b)\" includes an employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b)'s labor contractor. (c) \"Public prosecutorPublic prosecutor\"Public prosecutor\" has the same meaning as defined in Section 180.Lab. Code § 1570(c)\" has the same meaning as defined in Section 180. (d) \"WorkerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d)\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b). (e) \"Worker dataWorker data\"Worker data\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a worker, regardless of how the information is collected, inferred, or obtained, including, but not limited to, a worker's biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a worker performs their job duties.Lab. Code § 1570(e)\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d), regardless of how the information is collected, inferred, or obtained, including, but not limited to, a workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d)'s biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d) performs their job duties.
Section 1570 establishes the defined terms for Part 5.9, including artificial intelligence, employer, worker, and worker data. The definition of employer is notably broad, encompassing private entities, state and local government agencies, universities, school districts, and labor contractors. Worker data includes both personal information associated with a worker and any information describing how a worker performs their job duties, regardless of how collected or inferred.
(a) 1 An employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b), or a vendor acting on behalf of an employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b), shall collect and process worker dataWorker data\"Worker data\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a worker, regardless of how the information is collected, inferred, or obtained, including, but not limited to, a worker's biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a worker performs their job duties.Lab. Code § 1570(e) only as strictly necessary to administer the employment relationship and to fulfill specific, affirmatively requested employment-related or legal obligations, and shall not collect or use worker dataWorker data\"Worker data\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a worker, regardless of how the information is collected, inferred, or obtained, including, but not limited to, a worker's biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a worker performs their job duties.Lab. Code § 1570(e) for any other purpose, including, but not limited to, using worker dataWorker data\"Worker data\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a worker, regardless of how the information is collected, inferred, or obtained, including, but not limited to, a worker's biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a worker performs their job duties.Lab. Code § 1570(e) to train an artificial intelligenceArtificial intelligence\"Artificial intelligence\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Lab. Code § 1570(a) system to replicate, automate, or replace a workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d)'s job.
(b) 2 An employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b), or vendor acting on behalf of an employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b), shall not deploy artificial intelligenceArtificial intelligence\"Artificial intelligence\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Lab. Code § 1570(a) trained with worker dataWorker data\"Worker data\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a worker, regardless of how the information is collected, inferred, or obtained, including, but not limited to, a worker's biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a worker performs their job duties.Lab. Code § 1570(e) to replicate, automate, or replace a workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d)'s job.
(c) 3 An employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b) shall not sell, disclose, license, transmit, make available, expose, process, monetize, or otherwise provide access to worker dataWorker data\"Worker data\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a worker, regardless of how the information is collected, inferred, or obtained, including, but not limited to, a worker's biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a worker performs their job duties.Lab. Code § 1570(e) to a third party, including through automated means, embedded technologies, tracking technologies, networked data collection, or transmission mechanisms, to train an artificial intelligenceArtificial intelligence\"Artificial intelligence\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Lab. Code § 1570(a) system for the purposes of replicating, automating, or replacing a workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d)'s job.
(d)(1)–(2) 4 A vendor providing services to an employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b) under a contract shall not do any of the following: (1) Transfer, sell, disclose, license, transmit, make available, expose, process, monetize, or otherwise provide access to the employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b)'s worker dataWorker data\"Worker data\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a worker, regardless of how the information is collected, inferred, or obtained, including, but not limited to, a worker's biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a worker performs their job duties.Lab. Code § 1570(e) to a third party, including through automated means, embedded technologies, tracking technologies, or networked data collection or transmission mechanisms to train an artificial intelligenceArtificial intelligence\"Artificial intelligence\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Lab. Code § 1570(a) system for the purposes of replicating, automating, or replacing a workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d)'s job.
(e)(1)–(2) 5 A contract between an employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b) and a vendor for services involving the access or capture of worker dataWorker data\"Worker data\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a worker, regardless of how the information is collected, inferred, or obtained, including, but not limited to, a worker's biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a worker performs their job duties.Lab. Code § 1570(e) on the employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b)'s behalf shall include both of the following terms: (1) A requirement that the vendor must implement and maintain reasonable security procedures to protect the worker dataWorker data\"Worker data\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a worker, regardless of how the information is collected, inferred, or obtained, including, but not limited to, a worker's biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a worker performs their job duties.Lab. Code § 1570(e) from unauthorized or illegal access, destruction, use, modification, or disclosure. (2) A provision that the vendor and employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b) agree to be jointly and severally liable for a breach of the vendor's data security systems or unauthorized access, to the extent the breach or access involves worker dataWorker data\"Worker data\" means any of the following: (1) Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with the personal information relating to, a worker, regardless of how the information is collected, inferred, or obtained, including, but not limited to, a worker's biometric data, employment history, or personal identifying information. (2) Information that in any way relates to or describes, regardless of how the information is collected, inferred, or obtained, how a worker performs their job duties.Lab. Code § 1570(e) provided by the employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b), and for any violation of this part.
Section 1571 is the operative core of the bill, imposing a layered set of restrictions on how employers and their vendors handle worker data in connection with AI. Subsection (a) establishes a strict data minimization standard — worker data may only be collected and processed as strictly necessary for the employment relationship — and specifically prohibits using worker data to train AI to replicate, automate, or replace a worker's job. Subsection (b) extends this to prohibit deploying AI trained on worker data for the same purposes.
Subsections (c) and (d) address downstream data flows: employers may not sell or provide access to worker data to third parties for AI training purposes aimed at job replacement, and vendors are independently prohibited from transferring employer worker data to third parties or using it to train the vendor's own AI products for such purposes. Subsection (e) mandates that vendor contracts include data security requirements and a joint-and-several liability clause covering both data breaches and violations of the entire part.
(a) The Labor Commissioner shall enforce this part, including investigating an alleged violation and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98, 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b) who violates this part or filing a civil action.
(b) This part may also alternatively be enforced by a public prosecutorPublic prosecutor\"Public prosecutor\" has the same meaning as defined in Section 180.Lab. Code § 1570(c) pursuant to Chapter 8 (commencing with Section 180) of Division 1.
(c) Alternatively to subdivision (a) or (b), a workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d), or their exclusive representative, who has suffered a violation of this part may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.
(d) In any civil action brought pursuant to subdivision (a), (b), or (c), the petitioner may seek appropriate temporary or preliminary injunctive relief, punitive damages, and reasonable attorney's fees and costs.
(e)(1)–(2) Except as provided in paragraph (2), in addition to any other remedy, an employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b) who violates this part may be subject to a penalty of up to five hundred dollars ($500) per workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d) for each violation. (2) A workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d), the Labor Commissioner, or a public prosecutorPublic prosecutor\"Public prosecutor\" has the same meaning as defined in Section 180.Lab. Code § 1570(c) may recover a penalty under this part as a statutory penalty paid to the workerWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d) or a civil penalty, but not both, for the same violation.
(f) An action brought pursuant to this section may be brought in the superior court in any county in which the violation in question is alleged to have occurred or in which the employerEmployer\"Employer\" means a person, business, private entity, state, city, county, charter county, city and county, municipality, charter municipality, special district, transit district, the University of California, the California State University, community college district, school district, or any other state or local governmental entity that, directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. \"Employer\" includes an employer's labor contractor.Lab. Code § 1570(b) resides or transacts business.
(g) This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workersWorker\"Worker\" means a natural person who is an employee of, or an independent contractor providing service to or through, an employer.Lab. Code § 1570(d) who are covered by this part.
Section 1572 establishes a three-track enforcement regime: the Labor Commissioner has primary enforcement authority including investigation, temporary relief, citations, and civil actions; public prosecutors may alternatively enforce under existing Labor Code Chapter 8; and workers or their exclusive representatives may bring private civil actions. All three tracks may seek injunctive relief, punitive damages, and reasonable attorney's fees and costs.
The statutory penalty of up to $500 per worker per violation may be recovered as either a statutory penalty paid to the worker or a civil penalty, but not both for the same violation — a provision designed to prevent double recovery. The bill expressly preserves local ordinances that provide equal or greater worker protections.
The Legislature finds and declares that Section 1 of this act, adding Part 5.9 (commencing with Section 1570) to Division 2 of the Labor Code, addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
Section 2 contains a legislative finding that the bill addresses a matter of statewide concern under Article XI, Section 5 of the California Constitution, ensuring the bill applies to all cities including charter cities. This is a standard California legislative device to override the municipal-affairs exception for charter cities.