Law / United States / 
California
Employer limits on fingerprinting and photographing employees and applicants
Cal. Labor Code sections 1051, 1052 and 1054
In force.
A biometric privacy rule binding private bodies.
- Enforcement body
- A civil action by the aggrieved party for treble damages (section 1054).
- Obligation class
- Prohibition
As of .
What it requires
- Do not require, as a condition of securing or retaining employment, that an employee or applicant be photographed or fingerprinted by a person who wants the photograph or fingerprints to furnish them, or information about the employee or applicant, to another employer or third person, where they could be used to the employee's or applicant's detriment (section 1051).
- Do not knowingly cause, suffer or permit an agent, superintendent, manager or employee to commit that violation, and take all reasonable steps within your power to prevent it (section 1052).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Section 1051: a violation is a misdemeanor.
Statutory damages
Section 1054: a person who violates sections 1050 to 1052 is liable to the aggrieved party, in a civil action, for treble damages.
- As of
- Currency
- USD
What this law does
Labor Code section 1051 makes it a misdemeanor for a person to require, as a condition of securing or retaining employment, that an employee or applicant be photographed or fingerprinted by anyone who wants the photograph or fingerprints to furnish to another employer or third person, where they could be used to the employee's or applicant's detriment.
Under Labor Code section 1052, a person who knowingly causes, suffers or permits an agent, superintendent, manager or employee to violate sections 1050 and 1051, or who fails to take all reasonable steps to prevent a violation, is guilty of a misdemeanor. Labor Code section 1054 makes a person who violates sections 1050 to 1052 liable to the aggrieved party in a civil action for treble damages. Labor Code section 1051 was last amended by Statutes 1987, chapter 77.
Under Labor Code section 1057, section 1051 does not apply to an employee of a diversified or nondiversified management company, or its affiliates, who is required to be fingerprinted pursuant to federal law.
When LexLint raises it
When your app profile says your app processes biometric data.