FAQ

CIPA and California’s Right to Privacy in the Workplace

Hidden cameras, screen recorders, keystroke logging software, AI-driven productivity trackers—modern workplace surveillance tools are more sophisticated and widespread than ever. What began as limited monitoring has evolved into digital oversight systems capable of tracking emails, video meetings, chat communications, location data, and even behavioral analytics. In today’s hybrid and remote work environment, workplace privacy concerns extend beyond the office and into digital platforms employees use every day.

Fortunately, California employees are not defenseless against unlawful invasions of privacy—whether in a traditional office setting or while working remotely. One of the strongest privacy protections in the nation, the California Invasion of Privacy Act (“CIPA”), originally enacted in 1967, continues to serve as a powerful safeguard against intrusive monitoring. While CIPA was initially focused on prohibiting wiretapping, courts now apply it to a broad range of modern technologies, including call-recording systems, website tracking tools, third-party chat monitoring software, and other forms of electronic interception.

California is a two-party consent state. This means that confidential communications—whether by phone, video conference, or electronic messaging—generally cannot be recorded or intercepted without the consent of all parties involved. Employers who secretly record conversations, intercept communications, or deploy surveillance tools without proper disclosure may be violating the law.

As technology evolves, so do employee privacy rights. The following is a series of frequently asked questions about how CIPA and related California privacy laws protect workers in today’s digitally monitored workplace.

• Q: What does California law cover?

  A: Recent court decisions have clarified how CIPA applies to website tracking technologies. While some courts have allowed claims involving third-party chat tools, session replay software, and analytics providers to proceed, others have limited liability where no true “interception” occurs during transmission. Whether website activity qualifies as a protected “communication” under CIPA now depends heavily on the specific technology used and how the data is collected. Because the law continues to evolve through active litigation, employers must exercise caution when using third-party tracking or recording tools.

• Q: What counts as a “confidential” or private communication?

  A: To be protected under the law, most communications must have been “confidential,” meaning that you reasonably expected that the conversation was private.

• Q: What does the law prevent my employer from doing?

  A: CIPA primarily prohibits the intentional interception or recording of confidential communications without consent. However, employers may lawfully monitor communications on company-owned systems if employees receive proper notice and consent to such monitoring. The key legal question is whether the communication was confidential and whether valid consent was obtained before interception.

• Q: When is my employer allowed to record my private conversations?

  A: Generally, your employer can record you by obtaining your consent, but only if they do so before recording or listening in on your conversations. Additionally, your employer must obtain the consent of all people involved in the conversation before recording it.

• Q: Can I be visually surveilled in the workplace?

  A: California law does allow an employer to install video-only cameras in public areas of a workplaces so long as the employer has a legitimate, security-related reason for doing so and first notifies employees before beginning to record. Cameras are prohibited in private areas, such as restrooms, locker rooms, and areas designated for employees to change clothes.

• Q: What about other types of private information I want to protect?

  A: California employee privacy laws have expanded significantly in recent years. The California Consumer Privacy Act (CCPA), effective in 2020, was strengthened by the California Privacy Rights Act (CPRA), with full employee data protections operative since 2023. Employees now have greater rights regarding how employers collect, use, store, and share personal and sensitive information. Enforcement by the California Privacy Protection Agency has increased through 2025 and 2026, particularly as workplace surveillance and AI-driven hiring tools become more common. Because privacy regulations continue to evolve alongside technology, employees must stay informed to ensure their personal information is not unlawfully collected or misused.

• Q: How do I know if I’m being recorded without my consent, and how do I protect myself?

  A: It’s generally very hard to know for sure if you’re being surveilled or recorded by your employer or another third party. Surveillance and recording of conversations is significantly more common in some industries than it is in others, such as telemarketing, customer service, and debt collection. A key way to protect yourself and your privacy rights is to communicate with your employer about it directly and ask. Being clear about whether or not you are providing consent to recording is also critical.
  It can be deeply disturbing—and even frightening—to learn that your employer or someone else is violating your privacy and listening in on your private conversations without your consent, but you aren’t powerless to fight back against it. If you think you are being surveilled or recorded without your consent, or have any questions about any of the issues discussed in this newsletter, feel free to contact us at (310) 438-5555 for more information.

New Cannabis Workplace Protections

• Q: Can my employer fire me for using cannabis off the clock?

  A:In most cases, no. Beginning January 1, 2024, California law generally prohibits employers from discriminating against employees or job applicants for lawful off-duty, off-site cannabis use. If you use marijuana legally on your own time and are not impaired at work, that conduct is typically protected. However, protections do not apply if you are impaired while working.

• Q: Can my employer still drug test me?

  A: Yes—but with important limits. Employers may still maintain drug-free workplace policies and may test for current impairment. However, employers generally may not rely on tests that detect non-psychoactive cannabis metabolites (such as traditional urine or hair tests) that only show past use and not present impairment. Testing methods must focus on active impairment rather than historical use.

• Q: What if I test positive for marijuana during a pre-employment screening?

  A: Under current California law, employers may not refuse to hire you solely because of off-duty cannabis use detected through a metabolite test. If a hiring decision is based on lawful off-the-clock use rather than on-the-job impairment, it may violate state law.

• Q: Are there exceptions to these protections?

  A: Yes. The law does not apply to:

  • Employees in the building and construction trades
  • Positions requiring federal background investigations or security clearances
  • Employers required to conduct drug testing under federal law
  • Safety-sensitive positions subject to federal regulations

  In these circumstances, federal requirements may override state protections.

• Q: Can my employer prohibit me from being impaired at work?

  A: Yes. California law does not protect employees who are impaired while working. Employers may discipline employees for on-the-job impairment, safety violations, or performance issues related to substance use. The law protects lawful off-duty use—not workplace intoxication.

• Q: What if my employer claims I was “impaired” but I was not?

  A: Disputes may arise regarding what constitutes impairment. Employers must rely on objective evidence and lawful testing methods. If you believe impairment was used as a pretext for discrimination or retaliation, you may have a legal claim under California’s Fair Employment and Housing Act (FEHA).

• Q: Does this law apply to medical marijuana users?

  A: Yes. The protections apply to lawful cannabis use, whether recreational or medical. However, medical marijuana use does not automatically excuse workplace impairment or override federal compliance requirements.

Minimum Wage Updates

With inflation continuing to impact the cost of housing, food, healthcare, and transportation, every dollar earned matters. For California workers, minimum wage laws are not just political talking points — they directly affect whether families can keep up with rising living expenses.

Unlike prior years when minimum wage increases depended on ballot initiatives or legislative debates, California law now provides for automatic annual adjustments tied to inflation. As of January 1, 2025, California’s statewide minimum wage increased to $16.50 per hour for all employers, regardless of size.

In 2026, the minimum wage is projected to increase again based on the state’s inflation adjustment formula under Labor Code §1182.12. The Department of Industrial Relations announces the updated rate each fall for the following year. In addition to the statewide rate, several industry-specific minimum wage laws now apply $20.00 per hour (effective April 1, 2024, under the FAST Recovery Act reforms) for Fast-food Workers. Also, phased minimum wage increases began in 2024 and continue through 2026 depending on employer size and facility type for Healthcare Workers. Lastly, many cities — including Los Angeles, San Francisco, San Jose, and others — have higher local minimum wage rates than the state minimum. Because local ordinances often exceed the statewide rate, employees are entitled to whichever minimum wage is higher.

In previous years, advocates proposed raising California’s minimum wage to $18 per hour through a ballot measure. That proposal did not ultimately take effect. However, minimum wage increases are now built into the statutory framework through inflation indexing, eliminating the need for repeated statewide election battles.

As a result, California workers can expect regular wage adjustments rather than unpredictable ballot-driven increases. Minimum wage protections are stronger today than ever before, but enforcement still requires vigilance. Below are answers to common questions about California’s current minimum wage laws, how they apply to your industry, and what to do if your employer fails to pay what you’re owed.

• • What is the minimum wage, and when does my employer owe it to me?

    On its face, the minimum wage is not a complicated idea: it is the bare-minimum level of pay that an employer must provide to you for your time spent on the job. The right to be paid minimum wage cannot be waived—meaning your employer cannot trap you into agreeing to work for free—and it applies toallyour time spent working on tasks for your employer defined as “compensable” under California law. Even a very short amount of time spent working must be paid at least at the minimum wage rate. That means (for example) that your employermustpay you for time you spend waiting in line with other employees on your shift to clock in.
    You may also be entitled to payment of the minimum wage for various other “non-work” activities, such as when your employer requires you to show up to work but does not actually put you to work or when you are required to be “on-call” and ready to start work on short notice.

  • Who is required to be paid minimum wage in California?

    Most employees in the State of California who are paid on an hourly basis are entitled to receive at least the statewide minimum wage for every hour of work. This includes any individual regardless of age, disability, immigration status, or membership in a union.
    On the other hand, employees who are salaried (i.e., not paid on an hourly basis) and independent contractors are not entitled to the statewide minimum wage. With some exceptions, salespeople who work on a commission basis are also not entitled to an hourly minimum wage. California law defines each of these exceptions to the general rule requiring payment of the minimum wage, and an employer is not permitted to define you, for example, as an “independent contractor” simply to avoid paying you a minimum wage.

  • What is the current minimum wage rate in California, and when will it increase next?

    As of January 1, 2025, California’s statewide minimum wage is $16.50 per hour for all employers, regardless of size. The prior distinction between small and large employers no longer applies. The rate is subject to automatic annual adjustments based on inflation under Labor Code §1182.12.
    California’s minimum wage now increases automatically based on inflation adjustments announced annually by the Department of Industrial Relations. Workers should verify the current rate each year, as scheduled increases continue through statutory indexing.
    Under current law, California’s minimum wage is automatically adjusted annually based on the Consumer Price Index, subject to statutory caps. These adjustments occur without the need for additional legislation or ballot initiatives.

  • What if I live in a part of the State with higher costs of living?

    Many California cities and counties have local minimum wages that exceed the statewide rate. For example, the City of Los Angeles and Los Angeles County now require minimum wages that exceed $17 per hour (subject to annual adjustment). Employees are entitled to whichever rate—state or local—is higher.

  • How do I know if I’m being paid minimum wage for all my work?

    California law requires all employers to issue physical wage statements to employees providing information about wages earned by the employee. The purpose of these wage statements is to provide you with basic information about your wages and other compensation in order to help you determine whether you have been paid properly. Make sure that you hold on to any such wage statements given to you by your employer, as these can be important evidence if you believe your employer is not paying you everything you are owed.
    Many of the issues outlined above relating to minimum wage in California may appear deceptively simple on the surface, but ultimately require a deep knowledge of and familiarity with the law in order to hold an employer accountable. Even in the best of times, working people depend on legal protections like the minimum wage in order to stay afloat. As housing, healthcare, and consumer costs continue to rise statewide, compliance with California’s wage and hour laws remains critical to protecting workers’ financial stability.
    If you have any questions about anything discussed in this newsletter or believe that you may have a claim against your employer, feel free to contact us at (310) 438-5555 for further information.

2025–2026 California Employment Law Updates

California employment law continues to evolve at a rapid pace. In recent years, lawmakers and regulatory agencies have expanded worker protections in areas ranging from minimum wage and workplace privacy to retaliation safeguards and emerging technology in the workplace. New statutory requirements taking effect in 2025 and 2026—including enhanced notice obligations, inflation-indexed wage increases, and expanded employee data protections—reflect the state’s ongoing commitment to strengthening employee rights.

Because these changes can directly affect your pay, privacy, and ability to assert your rights without fear of retaliation, it is important to stay informed about the latest developments. The following frequently asked questions highlight some of the most significant employment law updates impacting California workers in 2025 and 2026.

• Does California require employers to provide a Workplace “Know Your Rights” notice in 2026?

  Yes. Beginning January 1, 2026, California employers must provide employees with an annual Workplace Know Your Rights notice outlining key protections under state labor and employment laws. The notice must inform employees of their rights against retaliation, their ability to file complaints with enforcement agencies, and available remedies for wage theft, discrimination, and other violations. This requirement expands prior posting rules by mandating direct annual distribution to employees.

• What is California’s current minimum wage in 2025–2026?

  As of January 1, 2025, California’s statewide minimum wage is $16.50 per hour for all employers, regardless of size. The rate is automatically adjusted annually based on inflation under Labor Code §1182.12. Many cities and counties require higher local minimum wages, and employees are entitled to whichever rate is higher.

• Are there special minimum wage rules for certain industries?

  Yes. Certain industries are subject to higher wage requirements. For example, fast food workers are entitled to a $20.00 hourly minimum wage under state law. Healthcare workers are subject to phased wage increases that continue through 2026 depending on employer size and facility type. Employers must comply with any applicable industry-specific or local wage laws.

• Can my employer discipline me for off-duty cannabis use?

  In most cases, no. Under California law (effective January 1, 2024), employers generally may not discriminate against employees for lawful off-duty, off-site cannabis use. Employers cannot rely on drug tests that detect non-psychoactive cannabis metabolites from past use. However, employers may still prohibit on-the-job impairment and may comply with federal drug-testing requirements for certain safety-sensitive positions.

• Can my employer record my phone calls or video meetings?

  California is a two-party consent state under the California Invasion of Privacy Act (CIPA). Employers generally must obtain consent from all parties before recording confidential communications. While employers may monitor company systems with proper notice, secretly intercepting confidential conversations without consent may violate state law.

• Does California protect my personal data at work?

  Yes. The California Consumer Privacy Act (CCPA), as expanded by the California Privacy Rights Act (CPRA), now provides employees with rights regarding personal and sensitive information collected by their employers. These protections have been fully operative since 2023 and continue to be enforced in 2025–2026 by the California Privacy Protection Agency. Employees may have rights to know what information is collected, request corrections, and limit certain uses of sensitive data.

• Can employers use AI in hiring or workplace monitoring?

  Employers may use automated tools in hiring and workforce management, but they remain responsible for complying with anti-discrimination, privacy, and wage laws. AI-driven decision-making systems cannot be used in a manner that results in unlawful discrimination, retaliation, or privacy violations. Regulatory scrutiny of automated employment practices continues to increase in 2025–2026.

• What protections do I have against retaliation?

  California law strongly prohibits retaliation against employees who report violations of wage laws, discrimination, harassment, safety issues, or other unlawful conduct. The new 2026 Workplace Know Your Rights notice reinforces that employees have the right to file complaints with state agencies or pursue legal claims without fear of punishment. Retaliation may result in reinstatement, back pay, civil penalties, and additional damages.

• What should I do if I believe my rights were violated?

  Employees who believe their rights have been violated should preserve relevant documents, including wage statements, employment agreements, written policies, or communications. Consulting with an experienced California employment attorney can help determine whether you have a claim and what remedies may be available.