Can My Boss Use AI to Monitor How I Code? Your Rights as a California Tech Worker

As artificial intelligence becomes more integrated into workplace management, software developers and engineers increasingly face a new reality: AI tools that monitor coding practices, measure productivity, and even evaluate code quality in real-time. If you’re a programmer or developer in California wondering about the legality of AI monitoring your work, you’re not alone. This growing practice raises important questions about workplace privacy, employee rights, and the boundaries of employer surveillance.

How Companies Are Using AI to Monitor Coding

AI is changing how companies monitor development—tracking productivity, assessing quality, and predicting performance. Here are common AI monitoring practices developers face today.

Common AI Monitoring Practices for Developers

• Productivity tracking: Measuring metrics like lines of code written, commits made, or time spent on specific tasks
• Quality assessment: Using AI to review code for bugs, security vulnerabilities, or adherence to company standards
• Pattern analysis: Monitoring coding habits, work hours, and development patterns
• Performance prediction: Using algorithms to forecast project completion or identify potential bottlenecks
• Behavioral analysis: Some systems attempt to analyze “focus time” or predict employee engagement based on coding patterns

These monitoring tools can range from basic time-tracking software to sophisticated AI systems that analyze your coding style, efficiency, and even predict your future performance.

Is AI Monitoring of Coding Legal in California?

The short answer: generally yes, but with significant limitations that are rapidly evolving.

California employers have traditionally had broad rights to monitor employee activities on company-owned devices and networks during work hours. However, recent and upcoming California regulations are establishing stronger protections for employees facing algorithmic management and AI monitoring.

Current Legal Framework

Currently, California employers can monitor work activities on company equipment with some restrictions:

• Notice requirement: Employers must inform employees about monitoring practices
• Reasonable expectation of privacy: Monitoring should not extend to areas where employees have a reasonable expectation of privacy
• Anti-discrimination protections: Monitoring cannot be used in ways that discriminate against protected classes

California’s Evolving AI Workplace Regulations

Beginning October 1, 2025, new California regulations will significantly impact how employers can use AI monitoring tools. Key provisions that will affect programmers include:

• Human oversight requirement: Under the “No Robo Bosses Act” (SB 7), employers will be prohibited from relying “primarily” on automated decision systems to make key employment decisions about hiring, promotion, discipline, or termination. A human reviewer must conduct their own investigation and corroborate any AI-generated findings.
• Prohibition on predictive behavior analysis: Employers will be banned from using AI to “predict” workers’ future behavior or performance—a common feature in developer productivity tools that forecast project completion or developer efficiency.
• Written notice mandate: Employers will need to provide detailed written notice about the presence and use of AI monitoring systems, including information about what data is collected and how it will be used.
• Right to appeal AI-informed decisions: If an employer uses AI monitoring data to make an employment decision, affected employees will have the right to appeal within 30 days, and employers must respond within 14 days.
• Algorithmic bias protections: The California Civil Rights Department has approved regulations making algorithmic bias expressly unlawful in employment contexts. This means if an AI coding evaluation tool produces biased outcomes (for example, against coding styles more common among certain demographic groups), employers could face liability.

Your Rights When Your Coding Is Being Monitored

As a California tech worker, you have specific rights regarding workplace monitoring:

Right to Notice

Employers must inform you about monitoring practices before they begin. This includes what information is being collected, how it will be used, and who has access to it. Starting in 2025, this notice requirement will become more stringent for AI-based monitoring systems.

Right to Privacy

While employers can monitor work activities, this monitoring cannot extend to truly private communications or activities. For example, if you use a personal device for occasional personal tasks during breaks, employers likely cannot monitor those activities.

Protection Against Discrimination

AI monitoring tools cannot be used in ways that discriminate against protected classes. For example, if an AI system evaluates code quality in a way that consistently disadvantages older programmers or programmers from certain backgrounds, this could constitute discrimination.

Right to Reasonable Accommodations

If you have a disability that affects how you code, and an AI monitoring system penalizes you for this, you have the right to request reasonable accommodations under both California law and the Americans with Disabilities Act.

Right to Appeal (Beginning October 2025)

Once the new regulations take effect, you’ll have the right to appeal employment decisions that were informed by AI monitoring systems and to have a human reviewer reconsider the decision.

Red Flags: When AI Monitoring May Cross Legal Lines

AI monitoring of coding activities may cross legal boundaries when:

• It occurs without proper notice: If your employer implements AI monitoring without informing you, this likely violates California law.
• It leads to automated termination decisions: If an AI system automatically flags you for termination or discipline without meaningful human review, this will violate upcoming California regulations.
• It produces discriminatory outcomes: If the monitoring system disadvantages protected groups (based on age, gender, race, disability, etc.), this could violate anti-discrimination laws.
• It monitors non-work activities: If the AI system captures personal communications or activities made off the clock and on personal devices, this could violate privacy laws. Proposed laws in California, like AB 1221, aim to further expand these protections in the future.
• It creates a hostile work environment: Excessive monitoring that creates unreasonable stress or anxiety could potentially contribute to a hostile work environment claim.

Recent Cases and Developments in AI Monitoring

While there aren’t yet many court decisions specifically addressing AI monitoring of coding, broader developments provide insight:

• As discussed above, in early 2025, the California Senate approved the “No Robo Bosses Act” (SB 7), which will restrict when and how employers can use automated decision-making systems without human oversight.
• The California Civil Rights Department approved regulations making algorithmic bias expressly unlawful in the employment context, effective October 1, 2025.
• The Mobley v. Workday lawsuit (currently pending in federal court) suggests that AI vendors might be directly liable for discrimination if their algorithms unlawfully screen out protected groups—potentially extending to coding evaluation tools that produce biased outcomes.

Steps to Take If You’re Concerned About AI Monitoring

If you’re concerned about AI monitoring of your coding work, consider these steps:

1. Request Information About Monitoring Practices

Ask your employer for written information about:

• What monitoring tools are in use
• What data is being collected
• How the data will be used
• Who has access to the data
• How long the data will be retained

2. Document Concerning Incidents

If you believe AI monitoring is being used in potentially discriminatory or invasive ways, document specific incidents, including:

• Dates and times
• Description of the monitoring activity
• How you became aware of it
• Names of supervisors or colleagues involved
• Any adverse actions taken based on the monitoring

3. Review Company Policies

Carefully review your employee handbook and any IT policies for information about monitoring practices and privacy expectations.

4. Discuss Concerns With Management

Consider discussing your concerns with your supervisor or HR department. Focus on specific issues rather than general objections to monitoring.

5. Request Reasonable Accommodations If Needed

If AI monitoring disadvantages you due to a disability or other protected characteristic, request reasonable accommodations in writing.

6. Consider Legal Consultation

If you believe your rights have been violated, consult with an employment attorney who understands both technology and California employment law.

Concerned About AI Monitoring at Work? We Can Help.

As California continues to lead the way in regulating workplace AI, tech workers should stay informed about their rights and the evolving legal landscape. Employers who implement AI monitoring systems thoughtfully—with transparency, human oversight, and attention to potential bias—can avoid legal pitfalls while still benefiting from these technologies.

At TONG LAW, we represent California employees facing workplace issues, including AI monitoring and algorithmic management. If you’re concerned about how your coding work is being monitored, or if you’ve faced adverse actions based on AI monitoring, contact TONG LAW to discuss your situation and options.

This blog post provides general information for educational purposes only and should not be construed as legal advice. Every employment situation is unique. Please contact an attorney for advice specific to your circumstances.