Legislation and Governmental Guidance
This page includes a comprehensive list of federal and state legislation that has been passed to address workplace surveillance.
Note: many states have no state-level protections.
Federal
Americans with Disabilities Act
Covers workplace surveillance that involves:
Wellness programs that do not accommodate a worker's disability
AI used in employment decisions (AI may discriminate against individuals with disabilities)
Electronic Communications Privacy Act of 1986
Prohibits an employer from deliberately intercepting the oral or electronic communications of employees without legitimate business purpose (necessitated law enforcement or relevant statute) or consent by at least one of the parties.
Surveillance must be performed with an electronic device
Eavesdropping does not count
Two party consent states (both parties being recorded must consent to recordings): California, Connecticut, Delaware, Florida, Hawaii, Illinois, Kansas, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Utah, and Washington.
Employee Polygraph Protection Act (EPPA)
Prohibits lie detector tests on employees.
Fair Labor Standards Act (FLSA)
Covers wage concerns.
According to the Department of Labor, the use of AI and automated systems could lead to a violation of the FLSA regarding hours worked, wages owed, or lactation breaks.
Fair Credit Reporting Act (FCRA)
Protects against some cases of workplace surveillance that use AI or algorithms in decision processes.*
*According to Consumer Financial Protection Circular 2024-06.
Federal Family and Medical Leave Act (FMLA)
According to the Department of Labor, the use of AI and automated systems could lead to violations "regarding an employee's eligibility or certification for protected leave."
Genetic Information Non-Discrimination Act (GINA)
Prohibits genetic discrimination
Applies in cases attempting to obtain genetic information for discriminatory purposes.
National Labor Relations Act
Protects nonmanagerial employees who engage in concerted activity over terms and conditions of employment.
Protecting rights to organize, seek better working conditions, and negotiations.
Occupational Safety and Health Act (OSH) Act
OSHA asserts that workers have the right to refuse dangerous work conditions.
This act, therefore, applies to any surveillance technologies that interfere with safety and health of working conditions.
Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act
Puts in place policies that protect the right for nursing mothers to pump in the workplace and the associated breaks needed to engage in this activity.
Title VII of the Civil Rights Act
Covers discrimination as a result of the use of AI systems, including for employment decisions
Department of Labor Wage and Hour Division
DOL Wage and Hour Division issued its Field Assistance Bulletin No. 2024-1
AI use by employers without "responsible human oversight" may lead to Fair Labor Standards Act violations or Family and Medical Leave Act violations.
Consumer Financial Protection Bureau
CFPB Takes Action to Curb Unchecked Worker Surveillance
Published 2024
Makes explicit the need for employers to follow the Fair Labor Standards Act when using AI/algorithmic systems in the workplace.
Equal Employment Opportunity Commission
EEOC guidance issued in 2022 makes it clear that employers’ use of software, algorithms, and AI for assessing job applicants and employees may violate the Americans with Disabilities Act
Guidance issued in 2022
Makes explicit the need for employers to follow the Fair Labor Standards Act when using AI/algorithmic systems in the workplace.
EEOC's Final Rule on Employer Wellness Programs and Title I of the Americans with Disabilities Act
Issued in 2016
EEOC issues a rule to provide guidance on incentives that employers can offer to employees to participate in wellness programs that ask them to answer disability-related questions or to undergo medical examinations.
EEOC Issues Title VII Guidance on Employer Use of AI, Other Algorithmic Decision-Making Tools
Issued 2023
For more information see the ACLU report on this decision: https://www.aclu.org/press-releases/aclu-applauds-eeocs-guidance-for-assessing-automated-systems-used-in-employment-decisions.
EEOC Highlights How Wearable Technologies May Implicate Employment Discrimination Laws
Issued in 2024
Fact sheet no longer available.
“The Equal Employment Opportunity Commission (EEOC) has issued guidelines emphasizing that employers are liable for any biases in AI tools they use.”
Released 2024
National Labor Relations Board
NLRB General Counsel Seeks Limits On Employer Electronic Surveillance and Automated Management Practices
Issued 2022, Rescinded 2025
Memorandum, not explicit policy
California
California Consumer Privacy Act
Effective 2018
Sets an elevated standard for privacy disclosures, requiring businesses to inform employers and consumers about the collection of their personal information, use, and disclosure of data to service providers or third parties.
California Privacy Protection Agency Board
2024 Decision
Advances rules about how businesses use artificial intelligence and collect the personal information of consumers, workers, and/or students.
No Robo Bosses Act (Senate Bill 7)
Introduced in 2025, but still under consideration in the California Assembly
Regulates the use of automated decision systems in employment, limiting AI-driven tools in hiring, promotions, and disciplinary action.
Colorado
Colorado Privacy Act (CPA)
Effective from July 1, 2025
Employers of Colorado-based employees must obtain consent prior to collecting and using biometric information or/and adopting biometric policies.
SB 24-205: Colorado's AI Act
Signed 2024
Requires developers and deployers to use reasonable care to mitigate algorithmic discrimination in decisions made by AI-systems, including employment decisions.
Connecticut
§31-48d of the Connecticut General Statutes
Issued 2024
Employers must provide written notice to employees who will be subjected to electronic monitoring.
Delaware
2024 Delaware Code Title 19 - Labor Chapter 7. EMPLOYMENT PRACTICES Subchapter I. General Provisions § 705. Notice of monitoring of telephone transmissions, electronic mail and Internet usage.
Issued 2024
Employers monitoring telephone calls, email, or internet use in some cases may be required to notify employees in writing or electronically each time the employee accesses the surveilled resource.
Illinois
Illinois' Biometric Information Privacy Act (BIPA)
Effective 2008
Per the ACLU: The law ensures that individuals are in control of their own biometric data and prohibits private companies from collecting it unless they:
-Inform the person in writing of what data is being collected or stored. (e.g. fingerprint is stored when using TouchID to log into bank account app on phone)
-Inform the person in writing of the specific purpose and length of time for which the data will be collected, stored and used. (e.g. fingerprint is stored for ease of logging into app and only for a duration of six months)
-Obtain the person's written consent. (e.g. user signs their name before sharing their fingerprint)
New York
New York Senate Bill S2628
Effective May 2022
Requires prior written notice upon hiring of an employee of any and all electronic surveillance that may occur.
Warehouse Workers Protection Act
Effective June 1, 2025 employers must implement injury reduction programs
Establishes legal and safety requirements for employers to implement in certain types of warehouses.
West Virginia
West Virginia Code §21-3-20. Use of video and other electronic surveillance devices by employers prohibited.
Signed into law 1999
Prohibits the installation of cameras in areas of the workplace specially designated for health or personal comfort of employees and spaces safeguarding their possessions.