Hunton Employment & Labor Perspectives

Editor’s Note: The California legislature failed to enact the proposed CCPA exemption amendments to Assembly Bill 1102.

On August 16, 2022, California Assembly Member Cooley introduced amendments to Assembly Bill 1102 that would extend the California Consumer Privacy Act’s (“CCPA’s”) temporary exemptions for HR and B2B data for an additional two years – until January 1, 2025. Under the CCPA, these exemptions are set to expire on January 1, 2023, when the amendments to the CCPA made by the California Privacy Rights Act (“CPRA”) become operative.

AB-1102 also would prohibit employers of more than 100 employees from:

• monitoring employees’ activities when employees are off premises, off duty and not performing work related tasks, with certain exceptions (e.g., if an employee consents to such monitoring or if the employee’s personal information is reasonably related to the administration of wages or benefits);
• collecting employees’ personal information for the sole purpose of identifying employees engaged in labor union organizing activities;
• knowingly contracting with, or otherwise requesting, a vendor to engage in activities prohibited by the bill; or
• discriminating against workers for exercising their right not to be subject to certain forms of monitoring, as specified in the bill.

These prohibitions would remain in effect until January 1, 2026. The amendments in AB-1102 are time-sensitive, as the California legislature adjourns its session on August 31, 2022.