Employee monitoring laws by state: what changed in 2026

Employee monitoring laws by state set conditions on monitoring rather than bans. Connecticut, Delaware, Maine and New York require notice before electronic monitoring; Maine's law took effect July 29, 2026. California added three laws on September 30, 2026: a ban on AI tools that infer emotions, a ban on bathroom surveillance, and human review of automated discipline and firing decisions.

None of the federal or state statutes covered in this guide bans employee monitoring outright. Instead, they set conditions on it. Several states require employers to notify employees before electronic monitoring, federal and state wiretap laws limit intercepting and recording communications, and other laws restrict particular methods, such as recording in restrooms or collecting fingerprints and face scans. The rules differ from state to state and change often: in 2026, Maine's employer surveillance law took effect on July 29, and on September 30 California enacted AB 1883, AB 1331 and SB 947, which bar AI tools that infer emotions or collect neural data, bar surveillance in workplace bathrooms, and require human review when an automated system drives a discipline or termination decision (see What changed in 2026?). A separate California bill, AB 1221, died in January 2026 without becoming law.

This guide summarizes the federal statutes, the state statutes that address employee monitoring, which of those laws mention common monitoring methods, and what monitoring policies usually cover. Each legal statement links to the statute or official government page it is based on.

Writing or updating a monitoring policy? The monitoring policy checklist lists what policies usually cover and which statutes in this guide address each point, and the free employee monitoring policy template and consent form gives you a starting draft to adapt with counsel.

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Table of Contents

1. Employee Monitoring Laws at a Glance
2. What changed in 2026?
3. Is It Legal to Monitor Employees Without Their Knowledge?
4. Employer Rights to Monitor Employees
5. Federal Employee Monitoring Laws: The Baseline
6. State-by-State Employee Monitoring Requirements
7. Monitoring Methods and the Laws That Address Them
8. Remote and Multi-State Workforce Considerations
9. Monitoring Policy Checklist
10. Frequently Asked Questions
11. Updates to This Guide
12. Sources

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Employee Monitoring Laws at a Glance

The table lists the state statutes in this guide that require notice, or notice and a written release, when employers monitor employees or collect monitoring data. Each row links the statute, and the state-by-state section describes each one.

Each row links the statute it summarizes. Last checked October 7, 2026. Federal law and other state laws, such as wiretap and restroom-recording statutes, also apply to monitoring; see the sections below. California's three laws of September 30, 2026 restrict particular methods and automated decisions rather than requiring notice; they are in the next section.

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What changed in 2026?

Four laws changed the picture in 2026. Maine's employer surveillance law took effect on July 29, 2026, and California enacted AB 1883, AB 1331 and SB 947 on September 30, 2026; the California laws take effect in 2027. A separate California bill, AB 1221, died in January 2026 without becoming law. The table summarizes the enacted laws, and the subsections below give the history and the details.

AB 1883 and AB 1331 are non-urgency statutes, so they take effect on January 1, 2027 under Article IV, Section 8(c) of the California Constitution; SB 947 states its own operative date. Last checked October 7, 2026.

Maine's Employer Surveillance Law Took Effect July 29, 2026

Maine's LD 61 became law without the Governor's signature on January 11, 2026 and took effect on July 29, 2026 (LD 61 status, Maine Department of Labor). Its requirements are summarized in the Maine section above.

California AB 1221 Died Without Becoming Law

AB 1221 (Workplace surveillance tools) died under Article IV, Section 10(c) of the California Constitution on January 31, 2026 and was filed with the Chief Clerk under Joint Rule 56 on February 2, 2026 (AB 1221 bill history). It is not an effective statute and creates no data-minimization, access or screenshot-justification duties. It is a different bill from AB 1331, which did pass in 2026.

California Enacted AB 1331

AB 1331 (Workplace surveillance) was ordered to the Senate inactive file in September 2025, taken up again in August 2026, passed by the Legislature on August 31, 2026, presented to the Governor on September 14, 2026 and approved on September 30, 2026, when it was chaptered as Chapter 851, Statutes of 2026 (AB 1331 bill history, AB 1331 status). It adds Labor Code sections 1560 to 1565, which:

• bar employers from using a "workplace surveillance tool" to monitor or surveil employees in a bathroom in the workplace, unless a court order directs it;
• let employees leave workplace surveillance tools behind when entering a bathroom, with exceptions, such as when federal or state law requires an employee to remain available during meal or rest periods; and
• let the Labor Commissioner and public prosecutors enforce it, with a penalty of up to $500 for each violation.

The bill's definition of a workplace surveillance tool covers any system, application, instrument or device that collects employee data, activities, communications, actions, biometrics or behaviors by means other than direct observation, such as video or audio surveillance, continuous incremental time-tracking tools and geolocation (AB 1331 bill text). As a non-urgency statute enacted at a regular session, it takes effect on January 1, 2027, the January 1 following 90 days from its enactment (California Constitution, Article IV, Section 8(c)).

California Enacted AB 1883

AB 1883 (Workplace surveillance tools) was approved by the Governor on September 30, 2026 and chaptered as Chapter 853, Statutes of 2026 (AB 1883 status). It adds Labor Code sections 1580 to 1583, which bar an employer from using a workplace surveillance tool that uses artificial intelligence on employees to recognize, or make inferences or predictions about, an individual's emotional state, or to collect neural data (AB 1883 bill text). "Neural data" means information generated by measuring the activity of an employee's central or peripheral nervous system, not inferred from non-neural information. The law doesn't prohibit a tool used to ensure safety, or a tool that doesn't meet those specifications, so monitoring tools that don't use artificial intelligence, and AI tools that don't infer emotions or collect neural data, are outside the prohibition. The Labor Commissioner or a public prosecutor enforces it, with a penalty of up to $500 for each violation, and it takes effect on January 1, 2027.

California Enacted SB 947

SB 947 (Employment: automated decision systems), known as the No Robo Bosses Act, was approved by the Governor on September 30, 2026 and chaptered as Chapter 859, Statutes of 2026 (SB 947 status). It adds Labor Code sections 1520 to 1526.7, which become operative on July 1, 2027 (SB 947 bill text). From that date, an employer may not use an automated decision system to violate labor, safety, employment or civil rights laws, to infer an employee's protected status, or to predict and take adverse action against a worker for exercising legal rights. An employer may not rely solely on such a system for a disciplinary or termination decision; if it relies primarily on the system's output, a human must corroborate the decision with the underlying data or other information, such as supervisory evaluations, personnel files, work product, peer reviews or witness interviews, and output that can't be corroborated, or that the reviewer finds inaccurate, incomplete or misleading, can't be used. Affected employees can request a description of their own data the system used and must receive a written post-use notice when told of the decision. The civil penalty is $500 per violation, enforced by the Labor Commissioner or a public prosecutor.

Other states have considered workplace surveillance bills. This guide covers enacted statutes, including AB 1883, AB 1331 and SB 947, and notes AB 1221, which died; it doesn't track pending bills in other states. For the text of each California law, a 30-day checklist and the questions to ask a monitoring vendor, see the California AB 1883, AB 1331 and SB 947 employer guide.

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Is It Legal to Monitor Employees Without Their Knowledge?

Not in Connecticut, Delaware, Maine or New York, which require notice before electronic monitoring (§ 31-48d, § 705, § 620-A, § 52-c). In the other states, no statute in this guide requires notice of monitoring in general, but wiretap, recording and tracking laws still limit covert methods, so the answer depends on the state and the method. Connecticut's statute has an exception: an employer may monitor without prior written notice when it has reasonable grounds to believe employees are breaking the law, violating the legal rights of the employer or other employees, or creating a hostile workplace environment, and monitoring may produce evidence of it.

Other laws limit covert methods. The federal Wiretap Act prohibits intercepting communications unless a party consents or another exception applies (18 U.S.C. § 2511). California requires the consent of all parties to record a confidential communication (Penal Code § 632) and bars using a tracking device to locate a person without the consent of the vehicle's registered owner, lessor or lessee (Penal Code § 637.7). Virginia bars installing a tracking device through intentionally deceptive means and without consent and using it to track a person (Va. Code § 18.2-60.5). In states without a notice statute, these other laws can still apply, so the answer depends on the facts.

This is general information, not legal advice. Laws vary by location and change often; consult your own counsel before acting on it.

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Employer Rights to Monitor Employees

None of the statutes in this guide grants employers a general right to monitor employees. They set out exceptions, conditions and limits instead:

• Exceptions in federal law. The Wiretap Act doesn't apply where a party to the communication has given prior consent (§ 2511(2)(d)), and its definition of an interception device excludes telephone equipment used in the ordinary course of business (§ 2510(5)(a)). The Stored Communications Act doesn't apply to access authorized by the provider of the communication service (§ 2701(c)).
• Conditions in state law. Connecticut, Delaware, Maine and New York require notice before electronic monitoring, and Delaware's one-time notice and New York's notice on hiring require the employee's acknowledgment (table above). The CCPA requires covered businesses to give employees who are California residents a notice at collection and to keep collection reasonably necessary and proportionate to its purposes (§ 1798.100).
• Limits on places and methods. Connecticut and California bar recording or monitoring employees in restrooms, locker rooms and similar areas (§ 31-48b, Labor Code § 435). Maine bars audiovisual monitoring in an employee's residence, personal vehicle or property unless the job requires it, and lets employees decline surveillance apps on personal devices (§ 620-A). Illinois requires a written release before collecting biometric identifiers (740 ILCS 14/15). From January 1, 2027, California's AB 1331 extends the bathroom rule to every workplace surveillance tool, and AB 1883 bars tools that use artificial intelligence to infer emotional state or collect neural data (What changed in 2026?).

Employees have rights of their own under some of these laws. California residents, including employees of businesses covered by the CCPA, can ask to know, delete and correct personal information, subject to exceptions (CPPA FAQ).

This is general information, not legal advice. Laws vary by location and change often; consult your own counsel before acting on it.

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Federal Employee Monitoring Laws: The Baseline

The federal statutes below cover communications and computers in general. None of them is specific to employers, and state laws add their own requirements on top of them.

The Electronic Communications Privacy Act (ECPA) of 1986

The ECPA amended the federal Wiretap Act, which makes it an offense to intentionally intercept any wire, oral or electronic communication (18 U.S.C. § 2511(1)). To intercept means to acquire the contents of a communication through an electronic, mechanical or other device (18 U.S.C. § 2510(4)). Two provisions limit the statute's reach:

Consent. Interception isn't unlawful under the Wiretap Act when the person intercepting is a party to the communication, or one of the parties has given prior consent, unless the communication is intercepted to commit a criminal or tortious act (§ 2511(2)(d)).

Ordinary course of business. The definition of an interception device excludes telephone or telegraph equipment that a communications provider furnishes and that the subscriber or user uses "in the ordinary course of its business" (§ 2510(5)(a)).

How these provisions apply to a specific monitoring tool depends on the facts.

The Stored Communications Act (SCA)

Title II of the ECPA, commonly called the Stored Communications Act, makes it an offense to intentionally access, without authorization, a facility through which an electronic communication service is provided, or to intentionally exceed an authorization to access it, and thereby obtain, alter or prevent authorized access to a communication while it is in electronic storage (18 U.S.C. § 2701(a)). The offense doesn't apply to conduct authorized by the person or entity providing the communication service, or by a user of the service with respect to a communication of or intended for that user (§ 2701(c)).

The Computer Fraud and Abuse Act (CFAA)

The CFAA makes it an offense to intentionally access a computer without authorization, or to exceed authorized access, and thereby obtain information from a protected computer (18 U.S.C. § 1030(a)(2)(C)). A person who suffers damage or loss because of a violation can bring a civil action in some circumstances (§ 1030(g)). The statute doesn't mention employee monitoring.

Federal and State Law Together

The federal statutes apply nationwide. State laws can add requirements that the federal statutes don't have, such as the notice statutes in Connecticut, Delaware, Maine and New York, or California's rule that recording a confidential communication requires the consent of all parties (California Penal Code § 632).

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State-by-State Employee Monitoring Requirements

The at-a-glance table summarizes the state statutes in this guide. This section describes each one.

California

This guide found no California statute that, like Connecticut's, Delaware's, Maine's or New York's, requires employers in general to notify employees before electronic monitoring. For the businesses it covers, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), requires notice when personal information, including monitoring data, is collected.

Who the CCPA covers. It applies to for-profit businesses that do business in California and meet at least one threshold, such as annual gross revenues above $25 million (adjusted for inflation) or buying, selling or sharing the personal information of 100,000 or more consumers or households (Civil Code § 1798.140(d)). A "consumer" is a California resident, and the CCPA's exemption for personal information collected from job applicants, employees and contractors in that role became inoperative on January 1, 2023 (§ 1798.145(m)).

What it requires for monitoring data:

• A notice at or before the point of collection that lists the categories of personal information collected, the purposes, whether the information is sold or shared, and how long each category will be kept (§ 1798.100(a)). For a monitoring tool, the categories depend on what the tool records, for example application names, website URLs, screenshots, keystrokes or location.
• Collection, use, retention and sharing that are "reasonably necessary and proportionate" to the purposes for which the information was collected (§ 1798.100(c)).
• Rights to know, delete and correct personal information, subject to exceptions. The California Privacy Protection Agency's FAQ confirms that these rights extend to California residents who are employees or job applicants (CPPA FAQ).

Other California statutes:

• Employers may not cause an audio or video recording to be made of an employee in a restroom, locker room or room designated for changing clothes, unless a court order authorizes it (Labor Code § 435).
• Recording or eavesdropping on a confidential communication requires the consent of all parties (Penal Code § 632).
• Using an electronic tracking device, meaning a device attached to a vehicle or other movable thing, to determine a person's location or movement is prohibited, except when the registered owner, lessor or lessee of the vehicle has consented (Penal Code § 637.7).

AB 1221 is not law. California Assembly Bill 1221 (Workplace surveillance tools) was never enacted. It was held in the Assembly Appropriations Committee in May 2025, died under Article IV, Section 10(c) of the California Constitution on January 31, 2026, and was filed with the Chief Clerk under Joint Rule 56 on February 2, 2026 (AB 1221 bill history). Statements that AB 1221 is an effective statute requiring data minimization, employee access rights or screenshot justification are incorrect. It is a different bill from AB 1331, which did pass in 2026.

Three laws signed on September 30, 2026. California enacted three workplace laws on September 30, 2026. None of them adds a general notice requirement; each restricts a method or an automated decision, and each is covered in detail in the California AB 1883, AB 1331 and SB 947 employer guide:

• AB 1883 (Chapter 853, Statutes of 2026) adds Labor Code sections 1580 to 1583, which bar an employer from using a workplace surveillance tool that uses artificial intelligence to recognize or infer an employee's emotional state, or to collect neural data. A tool used to ensure safety, and a tool that doesn't do either of those things, is outside the prohibition. The penalty is up to $500 per violation (AB 1883 bill text).
• AB 1331 (Chapter 851, Statutes of 2026) adds Labor Code sections 1560 to 1565, which bar employers from using a workplace surveillance tool to monitor or surveil employees in a bathroom in the workplace unless a court order directs it, and let employees leave surveillance tools behind when entering a bathroom, with exceptions. The penalty is up to $500 per violation (AB 1331 bill text).
• SB 947 (Chapter 859, Statutes of 2026), known as the No Robo Bosses Act, adds Labor Code sections 1520 to 1526.7, operative July 1, 2027. An employer may not rely solely on an automated decision system for a disciplinary or termination decision, must have a human corroborate a decision that relies primarily on such a system, must describe the employee's data on request and must give a written post-use notice; it also may not use such a system to infer protected status. The civil penalty is $500 per violation (SB 947 bill text).

As non-urgency statutes, AB 1883 and AB 1331 take effect on January 1, 2027 (California Constitution, Article IV, Section 8); see What changed in 2026? for the history of each bill.

Connecticut

Connecticut's statute (Conn. Gen. Stat. § 31-48d), enacted in 1998 as Public Act 98-142, requires each employer that engages in any type of electronic monitoring to give prior written notice to all employees who may be affected, informing them of the types of monitoring that may occur. Posting a notice of the types of monitoring in a conspicuous place that employees can readily see counts as that written notice.

• What counts as electronic monitoring: collecting information on the employer's premises about employees' activities or communications by any means other than direct observation, including computers, telephones, cameras and photo-optical systems. Security monitoring of common areas open to the public is excluded.
• Exception: an employer may monitor without prior written notice when it has reasonable grounds to believe employees are engaged in conduct that violates the law, violates the legal rights of the employer or other employees, or creates a hostile workplace environment, and monitoring may produce evidence of it.
• Penalties: the Labor Commissioner may impose civil penalties of up to $500 for a first offense, $1,000 for a second and $3,000 for the third and each later offense. The section doesn't apply to criminal investigations.

A separate section (Conn. Gen. Stat. § 31-48b) bars employers from operating electronic surveillance devices to record or monitor employees in areas designed for their health or personal comfort or for safeguarding their possessions, such as restrooms, locker rooms or lounges. It also bars recording employment contract negotiations without the consent of all parties.

Delaware

Delaware's statute (19 Del. C. § 705), first enacted in 2001 (73 Del. Laws c. 148), bars employers from monitoring or intercepting the telephone conversations, email or internet access or usage of or by a Delaware employee unless the employer either:

• gives an electronic notice of its monitoring policies or activities at least once during each day the employee accesses the employer-provided email or internet services, or
• has first given a one-time notice, in writing or in electronic form, that the employee acknowledges in writing or electronically.

The statute covers employers with a place of business in Delaware, as well as the state and its agencies and political subdivisions. It doesn't apply to processes that manage the type or volume of email, voicemail or internet use, aren't targeted at a particular individual and are performed solely for computer system maintenance or protection. Each violation carries a civil penalty of $100.

Maine

Maine's employer surveillance law, 26 M.R.S. § 620-A (LD 61, enacted as Public Law 2025, chapter 524), took effect on July 29, 2026 (Maine Department of Labor). It applies to private and public employers, including the state. "Employer surveillance" means monitoring an employee through an electronic device or system, such as a computer, telephone, wire, radio, or an electromagnetic, photoelectronic or photo-optical system. Security or safety cameras, and GPS or other safety devices on employer-owned vehicles operated by employees, are excluded. The statute:

• bars employer surveillance unless the employer notifies the employee before it begins;
• requires an employer that uses surveillance to tell prospective employees during the interview process and to give all current employees written notice at least once per calendar year;
• bars audiovisual monitoring in an employee's residence or personal vehicle or on the employee's property unless the employer requires it for the duties of the job;
• lets employees decline an employer's request to install data collection or transmission applications on their personal electronic devices for surveillance purposes;
• doesn't apply to surveillance in settings where personal care services are provided; and
• sets fines of $100 to $500 per violation, enforced by the Maine Department of Labor.

The full text is in the chaptered law and in the Laws of the State of Maine for the Second Regular Session, which also states the July 29, 2026 effective date.

New York

New York's statute (Civil Rights Law § 52-c), in effect since May 7, 2022, applies to employers with a place of business in New York that monitor or intercept employees' telephone conversations or transmissions, email or transmissions, or internet access or usage. It requires them to:

• give prior written notice upon hiring to all employees subject to electronic monitoring, in writing or in electronic form, acknowledged by the employee in writing or electronically; and
• post the notice in a conspicuous place readily available for viewing by the employees subject to monitoring.

The notice advises employees that their telephone, email and internet use may be subject to monitoring at any and all times by any lawful means. The Attorney General enforces the law, with maximum civil penalties of $500 for a first offense, $1,000 for a second and $3,000 for the third and each later offense. The statute doesn't apply to the state or its political subdivisions, or to system-maintenance processes that aren't targeted at a particular individual. It was signed on November 8, 2021 and took effect 180 days later (bill A430 text and history).

Illinois (Biometric Data)

Illinois's Biometric Information Privacy Act (740 ILCS 14) applies to biometric identifiers, defined as a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. The act requires a private entity, before collecting them, to inform the person in writing that the data is being collected, of the specific purpose and of how long it will be kept, and to receive a written release; in employment, the release can be one the employee signs as a condition of employment (Sections 10 and 15(b)). It also requires a private entity that holds biometric data to publish a retention schedule and destruction guidelines (Section 15(a)).

Other States

This guide covers the state statutes above; it isn't a survey of all 50 states. Laws other than notice statutes, such as the wiretap, biometric and restroom-recording statutes described above, can also apply to monitoring. For a state not covered here, its legislature's official code website is the primary source for its statutes.

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Monitoring Methods and the Laws That Address Them

The table lists what common monitoring methods can capture and what the statutes in this guide say about them. It describes the statutes; it doesn't rate the legal risk of any method.

Tools That Record Activity Metadata Only

Tools that record which applications and websites are used and for how long, without capturing screen content or keystrokes, collect less data, so there is less to describe in a notice, secure and retain. The CCPA requires covered businesses to keep collection reasonably necessary and proportionate to the disclosed purposes (§ 1798.100(c)). A metadata-only tool doesn't remove the notice requirements above.

Intelogos works this way. Its agents record application and website usage, window titles, whether the keyboard and mouse are active or idle, working time and device information such as IP address and time zone. They never capture screenshots, screen recordings, keystroke content, webcam images or audio (privacy policy). Window titles and URLs can still contain personal information, such as email subject lines or search terms. California's AB 1883 covers only tools that use artificial intelligence to infer emotional state or collect neural data; Intelogos does neither, and whether a specific deployment is covered by any law is a question for counsel (What changed in 2026?). The KPI Engine and Chronicle turn that activity data into performance reports. For endpoint and software visibility without keystroke capture, see Intelogos for IT and security teams.

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Remote and Multi-State Workforce Considerations

Which State's Law Applies?

None of the notice statutes in this guide mentions remote work. Each defines its own scope:

• Delaware's covers monitoring of "a Delaware employee" by employers with a place of business in Delaware (§ 705).
• New York's covers employers with a place of business in New York (§ 52-c).
• Connecticut's defines electronic monitoring as collecting information on the employer's premises (§ 31-48d).
• Maine's bars audiovisual monitoring in an employee's residence unless the employer requires it for the duties of the job (§ 620-A).
• The CCPA applies to covered businesses' handling of the personal information of California residents (§ 1798.140).

Which of these laws apply to a particular remote employee depends on these definitions and the facts, which is a question for counsel.

Multi-State Policies

Employers with staff in several states can use one policy written to meet the notice rules of every state where they have staff, or separate state-specific notices. A single policy is simpler to maintain; separate notices can reflect differences such as New York's posting and acknowledgment requirements, Delaware's daily or acknowledged one-time notice, Maine's notice to job applicants and annual written notice, and CCPA notices for covered businesses with California employees.

International Employees

Countries outside the United States have their own privacy and employment laws. In the European Union, the General Data Protection Regulation (GDPR):

• requires a lawful basis for processing personal data, such as consent or legitimate interests (Article 6);
• limits personal data to what is necessary for the purposes of processing (Article 5(1)(c));
• gives people a right of access to their personal data (Article 15);
• requires a data protection impact assessment when processing is likely to result in a high risk to people's rights and freedoms (Article 35); and
• restricts transfers of personal data outside the EU (Chapter V).

Article 88 lets EU member states adopt more specific rules for employee data, including rules on monitoring systems at the workplace.

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Monitoring Policy Checklist

This checklist lists what employee monitoring policies usually cover and, where a statute in this guide addresses a point, links it. Working through it doesn't make a policy compliant with any law; it's a starting point for a review with legal counsel.

1. Written notice before monitoring starts. A written notice that says monitoring takes place and which types are used, given before it begins. Connecticut, Delaware, Maine and New York have notice rules (at a glance), and Connecticut and New York also provide for a notice posted where employees can see it.

2. Acknowledgment. A record that each employee received the notice, signed on paper or electronically. Delaware's one-time notice and New York's notice on hiring require the employee's acknowledgment (§ 705, § 52-c).

3. What's collected and what isn't. A plain list of the data the tool records and the data it never records. Businesses covered by the CCPA list the categories of personal information and the purposes in their notice at collection (§ 1798.100(a)). For example, the Intelogos privacy policy lists what its agents collect, such as application and website usage, window titles and activity levels, and what they never collect: screenshots, screen recordings, keystroke content, webcam images or audio.

4. Purpose and use. Why the data is collected, such as productivity reporting, security or client billing, and what it isn't used for. The CCPA bars covered businesses from using personal information for additional purposes that are incompatible with the disclosed purpose without giving notice (§ 1798.100(a)(1)).

5. Scope limits. Which devices, accounts and hours are covered and which aren't, such as personal devices, personal accounts and time off. Maine lets employees decline requests to install surveillance apps on personal devices and limits audiovisual monitoring in employees' homes, personal vehicles and property (§ 620-A).

6. Visible tracking. Whether employees can see when tracking is running. Intelogos desktop agents run as a menu bar or system tray icon that employees can stop or quit, while background agents run without a visible interface (desktop agents).

7. Access controls. Who can see the data, for example managers only for their own teams, and who can see detailed activity records. In Intelogos, managers see only the people assigned to them, and access to the minute-by-minute Chronicle timeline is a separate permission (roles and access).

8. Retention and deletion. How long each type of data is kept and when it is deleted. The CCPA notice at collection states how long each category will be kept (§ 1798.100(a)(3)), and Illinois requires a published retention and destruction schedule for biometric data (740 ILCS 14/15(a)). In Intelogos, custom data retention is an Enterprise plan feature (pricing).

9. Employees' access to their own data. How employees can see what is recorded about them. California residents can ask businesses covered by the CCPA to disclose it (CPPA FAQ). In Intelogos, employees with the User role see their own time data, or their full activity and tool data, depending on an account-wide visibility setting (roles and access).

10. Methods with their own rules. Audio recording, cameras, biometrics and location tracking each have separate rules; see Monitoring Methods and the Laws That Address Them.

11. Review and updates. When the policy is reviewed, for example when monitoring tools or settings change, and how employees hear about changes. Maine requires written notice to current employees at least once per calendar year (§ 620-A).

HR usually owns this policy (see Intelogos for HR teams), and regulated industries often add sector-specific rules on top of it. For industry setups, see employee monitoring for financial services, healthcare employee monitoring and call center monitoring software.

The free employee monitoring policy template and consent form covers these points, with a policy template, an acknowledgment and consent form and a state notice checklist updated for California's 2026 laws.

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Frequently Asked Questions

Is employee monitoring software legal?

None of the federal or state statutes in this guide bans employee monitoring software outright; they set conditions on monitoring. The federal Wiretap Act prohibits intercepting communications unless a party consents or another exception applies (18 U.S.C. § 2511). Connecticut, Delaware, Maine and New York require notice before electronic monitoring. The CCPA requires covered businesses to give employees who are California residents a notice at collection. Illinois requires a written release before collecting biometric identifiers. Whether a specific monitoring program meets these conditions depends on the state, the method and the facts.

This is general information, not legal advice. Laws vary by location and change often; consult your own counsel before acting on it.

Is it legal to monitor employees without their knowledge?

It depends on the state and the method. Connecticut, Delaware, Maine and New York require notice before electronic monitoring; Connecticut makes an exception when the employer has reasonable grounds to believe employees are engaged in unlawful conduct, conduct that violates the legal rights of the employer or other employees, or conduct that creates a hostile workplace environment, and monitoring may produce evidence of it (Conn. Gen. Stat. § 31-48d). The federal Wiretap Act prohibits intercepting communications unless a party consents or another exception applies (18 U.S.C. § 2511), and California requires the consent of all parties to record a confidential communication (Penal Code § 632).

This is general information, not legal advice. Laws vary by location and change often; consult your own counsel before acting on it.

What rights do employers have to monitor employees?

None of the statutes in this guide grants a general right to monitor. They set exceptions, such as the federal Wiretap Act's exception for a party's prior consent (18 U.S.C. § 2511(2)(d)); conditions, such as the notice requirements in Connecticut, Delaware, Maine and New York; and limits, such as Connecticut's and California's bans on recording employees in restrooms and locker rooms (Conn. Gen. Stat. § 31-48b, Cal. Labor Code § 435) and Maine's limits on audiovisual monitoring in employees' homes, personal vehicles and property (26 M.R.S. § 620-A).

This is general information, not legal advice. Laws vary by location and change often; consult your own counsel before acting on it.

Which states have employee monitoring laws?

Among the statutes in this guide, Connecticut (§ 31-48d), Delaware (§ 705), Maine (§ 620-A) and New York (Civil Rights Law § 52-c) specifically require notice before electronic monitoring of employees. Two employee privacy laws also reach monitoring data: California's CCPA requires covered businesses to give a notice at collection that covers employee data (Civil Code § 1798.100), and Illinois's BIPA requires written notice and a written release before collecting biometric identifiers (740 ILCS 14/15). From 2027, California also restricts particular methods and automated decisions: AB 1883 bars AI emotion inference and neural data collection, AB 1331 bars bathroom surveillance and SB 947 requires human review of automated discipline and termination decisions (What changed in 2026?). This guide doesn't cover all 50 states, and bills that weren't enacted, such as California's AB 1221, aren't law.

What does employee monitoring compliance involve?

Under the statutes in this guide, it involves a few recurring requirements. Connecticut, Delaware, Maine and New York require notice before monitoring; Delaware's one-time notice and New York's notice require the employee's acknowledgment; and Maine also requires notice to job applicants and written notice to current employees every year. Businesses covered by the CCPA give a notice at collection with categories, purposes and retention periods, and keep collection reasonably necessary and proportionate (Civil Code § 1798.100). Illinois requires a written release before collecting biometric identifiers, and wiretap laws set consent rules for intercepting or recording communications. Whether a particular program meets a given law is a question for legal counsel.

Do I need employee consent to monitor work computers?

Most of the state statutes in this guide require notice rather than consent. Delaware's one-time notice and New York's notice on hiring require the employee's acknowledgment (19 Del. C. § 705, N.Y. Civil Rights Law § 52-c). Consent appears in other laws: the federal Wiretap Act exception for a party's prior consent (18 U.S.C. § 2511(2)(d)), California's all-party consent rule for recording confidential communications (Penal Code § 632) and Illinois's written release for biometric identifiers (740 ILCS 14/15).

What are the penalties for violating employee monitoring laws?

They vary by statute. Connecticut: civil penalties of up to $500 for a first offense, $1,000 for a second and $3,000 for later offenses (§ 31-48d). New York: maximum civil penalties of $500 for a first offense, $1,000 for a second and $3,000 for later offenses, enforced by the Attorney General (§ 52-c). Delaware: $100 per violation (§ 705). Maine: fines of $100 to $500 per violation (§ 620-A). Illinois's BIPA gives people aggrieved by a violation a private right of action, with liquidated damages of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation, or actual damages if greater (740 ILCS 14/20). The California Privacy Protection Agency enforces the CCPA through administrative enforcement actions, and consumers can also file complaints with the Attorney General's office (CPPA FAQ). From January 1, 2027, California's AB 1883 and AB 1331 each carry a penalty of up to $500 for each violation, and from July 1, 2027 SB 947 carries a civil penalty of $500 per violation, all enforced by the Labor Commissioner or a public prosecutor (AB 1883, AB 1331, SB 947). AB 1221 never became law, so it created no penalties.

What does California AB 1883 ban?

From January 1, 2027, AB 1883 bars an employer from using a workplace surveillance tool that uses artificial intelligence on employees to recognize, or make inferences or predictions about, an individual's emotional state, or to collect neural data, meaning data measured from the nervous system rather than inferred from other information (AB 1883 bill text). It doesn't prohibit a tool used to ensure safety, or a tool that doesn't meet those specifications, so monitoring without artificial intelligence, and AI tools that don't infer emotions or collect neural data, are outside the ban. The penalty is up to $500 per violation, enforced by the Labor Commissioner or a public prosecutor. The California employer guide covers the definitions, the exemptions and a 30-day checklist.

This is general information, not legal advice. Laws vary by location and change often; consult your own counsel before acting on it.

Does SB 947 ban AI in performance reviews?

No. SB 947 restricts relying solely or primarily on an automated decision system for a disciplinary or termination decision. From July 1, 2027, if an employer relies primarily on such a system, a human must corroborate the decision with the underlying data or other information, the employee can request a description of their own data, and the employer must give a written post-use notice; an employer also may not use such a system to infer an employee's protected status (SB 947 bill text). AI-assisted reviews that a human reads and makes the decision on are not banned.

This is general information, not legal advice. Laws vary by location and change often; consult your own counsel before acting on it.

Can I monitor remote employees who work from home?

None of the notice statutes in this guide mentions remote work, and each defines its scope differently: Delaware's covers "a Delaware employee", New York's covers employers with a place of business in New York, and Connecticut's defines electronic monitoring as collecting information on the employer's premises. Maine's statute bars audiovisual monitoring in an employee's residence unless the employer requires it for the job (26 M.R.S. § 620-A). Which state's law applies to a remote employee depends on these definitions and the facts. For a remote-team setup, see Intelogos remote employee monitoring.

This is general information, not legal advice. Laws vary by location and change often; consult your own counsel before acting on it.

Are screenshots of employee screens legal?

No statute in this guide names screenshots. The general notice statutes describe monitoring broadly: Connecticut's covers collecting information on the employer's premises through means including a computer, and Maine's covers monitoring through a computer (§ 31-48d, § 620-A). California's AB 1221 (Workplace surveillance tools) died in January 2026 without becoming law, and AB 1883, which did pass, doesn't name screenshots either: it covers AI emotion inference and neural data (AB 1883 bill text). Tools such as Intelogos provide activity analytics without screenshots, which leaves less on-screen content to secure and retain.

This is general information, not legal advice. Laws vary by location and change often; consult your own counsel before acting on it.

What about monitoring personal devices (BYOD)?

Maine lets employees decline an employer's request to install data collection or transmission applications on their personal electronic devices for surveillance purposes, and it bars audiovisual monitoring on an employee's personal property unless the employer requires it for the job (26 M.R.S. § 620-A). Where monitoring intercepts communications, the federal Wiretap Act's exception covers interception with a party's prior consent (18 U.S.C. § 2511(2)(d)).

Do employee monitoring laws apply to contractors?

It depends on each law's definitions. Connecticut's monitoring statute defines an employee as a person who performs services for an employer in the employer's business, where the employer has the right to control and direct both the result and the details and means of the work (§ 31-48d). Maine's defines an employee as an individual who provides services or labor for an employer for wages or other remuneration (§ 620-A). Whether a particular contractor falls within these definitions depends on the facts.

How do I handle employees in multiple states?

Each statute has its own scope and notice rules. Employers with staff in several states can use one policy written to meet the notice rules of every state where they have staff, or separate state-specific notices. Differences to account for include New York's posting and acknowledgment requirements, Delaware's daily or acknowledged one-time notice, Maine's notice to job applicants and annual written notice, and CCPA notices for covered businesses with California employees. Collecting less data, for example no screenshots or keystroke content, leaves less to disclose, secure and retain.

Which services track employee monitoring laws in all 50 states?

This guide covers selected statutes and isn't a 50-state tracking service. The primary sources for changes are the state legislatures' own websites, which publish bill status and statute text, such as California's legislative information site and the Maine Legislature. Some state labor departments also publish summaries of new laws, as the Maine Department of Labor did for the laws that took effect in July 2026.

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Updates to This Guide

• October 7, 2026: Recorded that California AB 1883 (Chapter 853, Statutes of 2026) and SB 947 (Chapter 859, Statutes of 2026) were approved on September 30, 2026 alongside AB 1331. Added the What changed in 2026 table, summaries of all three laws in the California section, an AI emotion inference row in the methods table, two FAQ entries, links to the California employer guide and the policy kit, and new sources. Updated the title, opening answer and last-checked dates.
• October 1, 2026: California AB 1331 was approved by the Governor on September 30, 2026 (Chapter 851, Statutes of 2026) and takes effect on January 1, 2027. Updated the introduction, the California section, Legal Changes in 2026, the penalties answer and the sources.
• September 30, 2026: Rechecked every legal statement against the statute or official page linked in the text. Corrected the Connecticut and New York penalty amounts and the Delaware notice rule. Replaced the Maine section with the enacted text of 26 M.R.S. § 620-A, which took effect July 29, 2026 and doesn't contain the retention-period or continuous-surveillance rules this guide previously described. Removed a Colorado requirement of written consent for monitoring personal devices, which this guide couldn't find in Colorado law. Rewrote the federal-law, GPS-tracking and remote-work descriptions to match the statute text, and added the status of California AB 1331. Removed legal-risk ratings and a list of pending bills that weren't based on statutes, and a sample disclosure that was presented as compliant.
• September 15, 2026: Corrected statements that described California AB 1221 as law.

Sources

Every legal statement in this guide is based on the statute texts and official government pages below.

Federal

• 18 U.S.C. § 2510 (U.S. Code on GovInfo): the definition of "intercept" and the ordinary-course-of-business exclusion. Checked September 30, 2026.
• 18 U.S.C. § 2511 (U.S. Code on GovInfo): the Wiretap Act's interception offense and party-consent exception. Checked September 30, 2026.
• 18 U.S.C. § 2701 (U.S. Code on GovInfo): the Stored Communications Act offense and its exceptions. Checked September 30, 2026.
• 18 U.S.C. § 1030 (U.S. Code on GovInfo): the Computer Fraud and Abuse Act's access offense and civil action. Checked September 30, 2026.

California

• Civil Code § 1798.100: the CCPA notice at collection, retention periods, purpose limits and the "reasonably necessary and proportionate" standard. Checked September 30, 2026.
• Civil Code § 1798.140: the CCPA definitions of business and consumer. Checked September 30, 2026.
• Civil Code § 1798.145: the employment-information exemption that became inoperative on January 1, 2023. Checked September 30, 2026.
• California Privacy Protection Agency FAQ: CCPA rights for California residents who are employees or job applicants, the rights to know, delete and correct, and enforcement. Checked September 30, 2026.
• Labor Code § 435: the ban on recording employees in restrooms, locker rooms and changing rooms. Checked September 30, 2026.
• Penal Code § 632: all-party consent to record a confidential communication. Checked September 30, 2026.
• Penal Code § 637.7: the rule on electronic tracking devices. Checked September 30, 2026.
• AB 1221 bill history: AB 1221 died on January 31, 2026 and was filed with the Chief Clerk on February 2, 2026. Checked September 30, 2026.
• AB 1331 bill history, status and bill text: passage on August 31, 2026, presentation to the Governor on September 14, 2026, approval and chaptering as Chapter 851, Statutes of 2026 on September 30, 2026, and the provisions of Labor Code sections 1560 to 1565. Checked October 7, 2026.
• AB 1883 bill text and status: approval by the Governor and chaptering as Chapter 853, Statutes of 2026 on September 30, 2026, and the provisions of Labor Code sections 1580 to 1583. Checked October 7, 2026.
• SB 947 bill text and status: approval by the Governor and chaptering as Chapter 859, Statutes of 2026 on September 30, 2026, and the provisions of Labor Code sections 1520 to 1526.7, operative July 1, 2027. Checked October 7, 2026.
• Office of the Governor, September 30, 2026: the announcement of the signing of AB 1331, AB 1883 and SB 947. Checked October 7, 2026.
• Ogletree Deakins, "California Governor Signs 3 Bills Targeting AI and Workplace Surveillance", October 1, 2026: a law firm summary of the three bills, used as a secondary source. Checked October 7, 2026.
• California Constitution, Article IV, Section 8: a statute enacted at a regular session takes effect on January 1 following a 90-day period from its enactment. Checked October 1, 2026.
• California Legislative Information: the official source for California bill status and statute text. Checked September 30, 2026.

Connecticut

• Conn. Gen. Stat. § 31-48d: notice of electronic monitoring, its definition, exception and penalties (Public Act 98-142). Checked September 30, 2026.
• Conn. Gen. Stat. § 31-48b: the ban on electronic surveillance in restrooms, locker rooms and lounges and on recording contract negotiations without consent. Checked September 30, 2026.

Delaware

• 19 Del. C. § 705: notice of monitoring of telephone, email and internet use, exceptions and penalty. Checked September 30, 2026.
• 73 Del. Laws c. 148: the original enactment, approved July 10, 2001. Checked September 30, 2026.

Illinois

• 740 ILCS 14, Biometric Information Privacy Act: definitions, written notice and release, retention policy and right of action. Checked September 30, 2026.

Maine

• LD 61, 132nd Legislature: enactment as Public Law 2025, chapter 524, creating 26 M.R.S. § 620-A, without the Governor's signature on January 11, 2026. Checked September 30, 2026.
• Public Law 2025, chapter 524: the text of § 620-A. Checked September 30, 2026.
• Laws of the State of Maine, 132nd Legislature, Second Regular Session: the official session laws, including chapter 524 and the July 29, 2026 general effective date. Checked September 30, 2026.
• Maine Department of Labor: new labor laws: LD 61's July 29, 2026 effective date and summary. Checked September 30, 2026.
• Maine Legislature: the official source for Maine bill status and statute text. Checked September 30, 2026.

New York

• Civil Rights Law § 52-c (New York State Senate): notice of electronic monitoring, acknowledgment, posting, penalties and exceptions. Checked September 30, 2026.
• Assembly bill A430 of 2021: the bill text, its signing on November 8, 2021 as chapter 583, and the 180-day effective date. Checked September 30, 2026.

Virginia

• Va. Code § 18.2-60.5: unauthorized use of electronic tracking devices and the fleet-vehicle exemption. Checked September 30, 2026.

European Union

• Regulation (EU) 2016/679, the GDPR (EUR-Lex): Articles 5, 6, 15, 35, 44 and 88. Checked September 30, 2026.