What are the rules regarding an employer's use of video surveillance in employee break rooms or restrooms in California?

In California, employers are legally prohibited from installing or using video cameras in restrooms, locker rooms, or any room designated for changing clothes. Surveillance in employee break rooms is not explicitly banned but is highly restricted by an employee's constitutional right to privacy. Here is what you should do if you suspect illegal surveillance: Step 1: Document the Camera Safely and discreetly document the surveillance device. If possible, take a clear picture or video of the camera. If you cannot, write down its exact location, a detailed description, and the date and time you first noticed it. Note any other employees who have seen it. Step 2: Review Your Company's Policies Locate your employee handbook or any other company policies regarding workplace monitoring. Read the policy carefully to see what the company has disclosed about its use of surveillance. Keep a copy of this document. Step 3: Submit a Formal Written Complaint Report your concerns in writing to your Human Resources department or a trusted supervisor. Send an email so you have a timestamped record. State the facts clearly: describe the camera, its location, and express your concern that it violates your privacy rights and state law. Step 4: File a Report with the Labor Commissioner If your employer fails to act or retaliates against you, file a formal complaint with the California Labor Commissioner's Office (also known as the Division of Labor Standards Enforcement, or DLSE). You can file a claim for a violation of Labor Code Section 435. Visit the DLSE website to find forms and local office information. Step 5: Contact the Police for Restroom Surveillance If a camera is located inside a restroom or changing room, you should also contact your local police department. This action may constitute a criminal offense under California Penal Code Section 647(j), and a police report can initiate a criminal investigation. Important Details and Nuances: The core of this issue is your "reasonable expectation of privacy." California law recognizes that this expectation is absolute in restrooms and locker rooms. In break rooms, an employer would need a very strong, specific, and legitimate business reason for surveillance, and it would likely need to be disclosed to employees. Secretly recording employees in a break room is almost always illegal. Warnings and Limitations: Do not attempt to disable, cover, or remove the camera yourself, as this may be grounds for termination. Be aware that while retaliation for reporting illegal activity is unlawful, it can still occur. Document every conversation and email related to your complaint. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney to understand your specific rights and options.