California Recording Laws & Audio Surveillance at Work [2025]

Did you know more than two-thirds of U.S. workers (around 68%) say their employer uses some kind of electronic monitoring at work? That number is rising fast, especially with remote and hybrid setups.

In California, workplace surveillance is tightly regulated. Audio recordings need consent from every party, while video monitoring is limited to non-private areas. With new laws and proposed bills, the rules keep shifting.

In this article, we'll explore what California recording laws say about audio, video, and combined surveillance.

We'll cover where employer responsibilities end, and where employee rights begin. We'll also look at new legislation and answer real-world questions that matter to workers.

California Recording Law Overview (Audio + Video)

California has strict rules when it comes to recording conversations or video. If you want an answer to, is audio surveillance legal in the workplace in California?

Here is the full breakdown:

Audio Surveillance (Two-Party Consent):

California enforces a strict two-party consent rule under Penal Code §632. It is an obvious crime to record any “confidential communication.” For example, a private conversation or telephone call – unless every party agrees. Courts have even said that a hidden camera with a mic counts as an audio recorder.

The bottom line? Unless you’re in a truly public place with no expectation of privacy, always assume consent is needed. Break this rule, and you could face both criminal charges and civil lawsuits.

Video-Only Surveillance:

The video is a little different. California doesn’t require all-party consent for cameras without audio. Employers can set up cameras in open, non-private areas like office floors or warehouses.

But privacy zones are completely off-limits - restrooms, locker rooms, changing rooms, and other employee-only private spaces are strictly protected.

Even places like break rooms and cafeterias have special rules. A new proposal (AB 1331, 2025) says cameras there are only okay if they don’t record sound, don’t use AI, and have clear signs letting employees know they’re being filmed. So, video recording is fine in public work areas, but 100% banned in private ones.

Combined Audio/Video Recording:

Here’s where it gets strict again. If a camera records sound along with video, California treats it the same as an audio recorder. That means you need permission from everyone being recorded, no exceptions. Without consent, you’re violating Penal Code §632, and the penalties are just as serious as if you were secretly taping a phone call.

Employer vs Employee Rights & Responsibilities

California recording laws can feel tricky, but it really comes down to balance. Employers have to be upfront about monitoring, and workers deserve to keep their privacy. Let’s walk through what that looks like below.

Employers' Responsibilities:

In California, employers can't just set up cameras or hit record without saying a word. They have to be clear about what kind of monitoring is happening and why.

Usually, this is done through a workplace policy or employee handbook. State law even requires a written notice at least 14 days before any surveillance begins. In short, employees deserve to know when and how they're being monitored.

Audio is where the rules get stricter. California is an “all-party consent” state. This means every person in a conversation has to agree before it’s recorded. That usually means getting written permission. If a company records calls or meetings, they must include a noticeable signal, like a beep or a spoken warning, so nobody feels blindsided.

Employees' Rights:

Employees aren't powerless here. They have strong protections. California's two-party consent rule makes secret recordings of private talks off-limits. So if an employer tries to tape something without clear permission, an employee has every right to push back.

And if privacy is crossed in a serious way, employees can take it further. California law recognizes that people expect a reasonable level of privacy at work.

If that's violated, for instance, with hidden mics or recordings made without notice, workers can bring a lawsuit. In some cases, that could mean financial damages or other legal remedies. So, the point is simple: employees don't have to accept unlawful surveillance.

Additional Legal Context & Emerging Legislation

California recording laws are constantly evolving, and new bills keep shaping how surveillance is handled at work. Below, we’ll walk through recent updates and proposals that every employer and employee should know.

● California Privacy Rights Act (CPRA)

In 2023, California extended its privacy law to cover employees. The CPRA treats workers like consumers. This means companies must tell staff what personal info they collect and why. Workers also have the right to access and correct their data.

● AB 1651 (2022)

AB 1651 was a proposed privacy bill in 2022. It would have forced companies to warn staff about any monitoring. It would also let workers see or fix their data. It even tried to ban remote tracking when it wasn’t needed. Companies complained it was too strict. The bill died in committee in 2022.

● AB 1331 (2025, pending)

AB 1331 is a new proposal under discussion in 2025. It would ban any surveillance in private off-duty spots like breakrooms, cafeterias, or lounges. Companies would even have to disable tracking tools during breaks and off-hours.

But business groups say it’s too broad. The California Chamber of Commerce warns it could hurt workplace safety. The bill is still pending in the legislature.

Bonus Section: A Perfect Solution for Business and Home Security

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Just keep in mind - whatever system you use, make sure it lines up with California’s recording laws. That way, you’re protecting privacy as well as property.

Real-World FAQs

Q. Can my employer legally record phone calls at the workplace?

Not without a clear “yes” from everyone on the call. California requires two-party consent, so both you and the other person must agree before any call is recorded.

Q. Is it legal to have hidden video cameras in common workplace areas?

Hidden cameras? No way. Employers can set up visible cameras in open areas. But California recording laws don’t allow sneaky, hidden devices, especially in places where people expect some privacy.

Q. What happens if an employer records me without consent?

It can get serious. The employer risks criminal charges, and you could also take them to court for violating your privacy.

Q. Can surveillance be used to monitor union activities?

No! Watching or tracking workers to stop union efforts is against federal labor law. Employers can’t use cameras or recording devices for that purpose.

Conclusion

So, is audio surveillance legal in the workplace in California? Yes, but only if every person involved gives clear consent first. The law sets clear boundaries for both audio and video recording. Audio always requires agreement from everyone before anything is captured or stored. Video? Allowed only in public areas. Never in private spaces.

For employers, that means honesty matters. Share your policies. Respect your team’s rights. That balance keeps both sides protected.

And if you’re thinking about security tools, one option stands out. The eufyCam S4. Easy setup, reliable performance, and it works at home or business.