Can my employer watch, record or search me at work?

This page covers watching, recording, tracking and searches at work. It is general information, not legal advice. For drug tests, see Can my employer drug test me in California?

Do I have privacy rights at work?

Yes, but they are limited. California's Constitution lists privacy as a right of every person. The California Supreme Court has held that this right can be enforced against private businesses, not only the government (Hill v. NCAA, 1994). To win, a person must show a protected privacy interest, a reasonable expectation of privacy in that situation, and a serious invasion. The other side can defend by showing a legitimate reason, and you can answer by showing a less intrusive way was available. So it depends on the place, what you were told, and the employer's reason.

A good rule: the more private the place or the information, the stronger your rights. A store floor is not private. A bathroom is.

Can my boss put cameras at work?

In most work areas, yes. Many employers use cameras for safety and theft. But some places are off limits.

• Restrooms, locker rooms and rooms for changing clothes: an employer may not make audio or video recordings of workers there unless a court orders it, and may not use any recording made there for any purpose (Labor Code 435).
• Bathrooms, scheduled to start January 1, 2027: a new law will ban using any workplace surveillance tool to monitor workers in a workplace bathroom, unless a court orders it. It also lets you leave a tracking device behind when you go into a bathroom, except where you must stay reachable during a break. Penalty: up to $500 per violation (AB 1331, Chapter 851, Statutes of 2026). New laws take effect January 1 unless the law says otherwise (California Constitution, article IV, section 8).

Watching union activity is different. Under federal labor law, an employer may not spy on union or group activity, or act in a way that makes workers think they are being watched for it (NLRB). "Spying" means doing something out of the ordinary to observe the activity. See Can I join a union at my job?

Can my boss record my conversations?

Not secretly, if the talk is confidential. California law makes it a crime to record a confidential conversation without the consent of everyone in it (Penal Code 632). A conversation is confidential when someone in it reasonably wants it kept between the people talking. Talk at a public gathering, or where people could expect to be overheard, is not confidential.

This rule works both ways. You also cannot secretly record a private conversation with your boss. Doing it can be a crime, with a fine of up to $2,500 per violation or jail. Write notes right after the meeting instead, or ask openly whether you may record.

Can my boss track my location?

It depends on whose device it is.

• Your car: California bans using an electronic tracking device to find a person's location or movement, unless the registered owner, lessor or lessee of the vehicle agrees (Penal Code 637.7). Your employer cannot put a tracker on your own car without your consent.
• A company car or company phone: expect that it may be tracked. Ask for the written policy.
• An app on your personal phone: ask what it tracks and when. Ask whether it can be turned off after your shift. If your boss requires a tracking app on your own phone, get advice.

Can my boss search my bag or locker?

Many employers check bags at the door. Whether a search went too far depends on the facts: courts weigh your privacy against the employer's reasons. A clear written policy that you knew about makes a search more likely to be allowed. If a search felt wrong, write down what happened and ask a free clinic, like Legal Aid at Work, about your case.

You must be paid for the wait. The California Supreme Court held that time spent on site waiting for and going through required exit searches of bags, packages or personal devices counts as hours worked and must be paid, even if you brought the bag for your own convenience (Frlekin v. Apple, 2020). If you wait off the clock for a bag check, write down how long. That time can be part of a wage claim.

Tips if someone wants to search you:

• Stay calm. Ask what policy allows it.
• You can say you do not agree. Do not physically resist.
• Ask that a witness be present.
• Write down what happened right after.
• If anyone blocks you from leaving a room, see If your boss hurts, traps or lies to you.

Can my boss ask for my phone or social media?

California limits this (Labor Code 980). An employer may not require or ask you or a job applicant to:

• Give a username or password to your personal social media
• Open your personal social media while they watch
• Show them your personal social media

Exceptions: an employer may ask you to share specific personal social media it reasonably believes is relevant to an investigation of misconduct or a legal violation, and may use it only for that investigation. And it may require the password to a company issued device.

Your employer may not fire, discipline or threaten you for refusing a request this law bans.

Work devices and accounts are different. On a work phone, work computer, work email or work chat, assume your employer can see what you do. Keep personal messages, medical matters and anything about your immigration case off work devices.

What about data my employer keeps about me?

Since January 1, 2023, California's privacy law covers workers and job applicants (California Privacy Protection Agency). If your employer is covered, you can:

• Know what personal information it has about you, where it came from and who gets it, up to twice a year at no cost
• Delete some information, with exceptions such as records the law requires it to keep
• Correct wrong information
• Limit use of sensitive information like your Social Security number or precise location

The law covers for profit businesses that do business in California and meet a size test, such as gross revenue of $26,625,000 or more a year. It generally does not cover nonprofits or government agencies. You can file a complaint online with the agency. The agency does not represent individuals.

You can also ask for your pay records and personnel file under other laws. See How to get copies of your pay records and personnel file.

Computer systems that discipline workers. A new law scheduled to start July 1, 2027, will limit using automated decision systems to discipline or fire workers. A human must check the system's output, and you must get a notice if the employer mainly relied on one (SB 947, Chapter 859, Statutes of 2026). See New work laws in California this year.

Common mistakes to avoid

• Secretly recording your boss. Write notes instead, or ask openly.
• Using a work phone for private matters. Assume it can be seen.
• Giving a password because you feel pressured. You can say no to personal social media requests.
• Not tracking unpaid bag check time. It adds up and can be claimed.

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Labor Commissioner: unpaid time and retaliation, with phone interpreters. 833-526-4636. Retaliation complaints
• California Privacy Protection Agency: complaints about how a business handles your personal information. CPPA
• Legal Aid at Work Workers' Rights Clinic: free and confidential within income limits or age 60 and over. 415-864-8848; East Palo Alto line (415) 404-9093. Workers' Rights Clinic
• More options: Free help with a work problem in the Bay Area

Questions people ask

My boss watches the cameras and texts me about small things all day. Is that legal? Cameras in work areas usually are. Constant pressure can become harassment if it targets you because of a protected trait like race, sex or disability. See What counts as illegal discrimination or harassment.

Can my boss look at my personal phone if I leave it on the counter? Your personal phone is yours. Social media access is limited by Labor Code 980. If someone takes or goes through your phone without permission, write it down and get advice.

Can my boss ask about my immigration status during a search or monitoring? California limits how employers can use immigration status against workers. See If your boss threatens to call immigration.

Is there a log I can print?

You deserve dignity at work. Know the lines, and ask for help when they are crossed.