2530.
For purposes of this part, the following definitions shall apply: (a) “Consequential workplace technology” means artificial intelligence or automated decisionmaking systems technology that significantly impacts, eliminates, or automates eliminates, automates, or electronically monitors
the core job functions agreed upon between an employer and an employee upon hire or following a subsequent change in position or department. Consequential workplace technology includes, but is not limited to, self-checkout robotics, wearable sensors, scanners, and electronic monitoring. and scanners.
(b) (1) “Grocery retail store” includes either of the following:
(A) A “grocery establishment,” defined as a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods,
beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales.
(B) A “superstore,” defined as a store in this state that is over 75,000 square feet in size, that generates sales or use tax pursuant to the Bradley–Burns Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code), and that devotes more than 10 percent of sales floor area to the sale of nontaxable merchandise.
(2) For purposes of Section 2531 only, “grocery retail store” does not include a discount warehouse or retail store where more than one-half of the items carried by
the discount warehouse or retail store are sold in large quantities or in bulk and the discount warehouse or retail store requires shoppers to pay a membership or assessment fee.
(c) “Manual checkout station” means a station that is not a self-service checkout station and at which an employee provides human assistance to a customer scanning, bagging, or accepting payment for the customer’s purchases.
(d) “Retail drug establishment” means a person, including an individual, a corporation, a partnership, a limited partnership, a limited liability partnership, a limited liability company, a business trust, an estate, a trust, an association, a joint venture, a proprietorship, a joint venture, an agency, an instrumentality, a corporate officer, an executive, or any other legal or commercial entity, whether domestic or foreign, that has 75 or more businesses or establishments located
within the state and is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 45611.
(e) “Self-service checkout” means an automated process that enables customers to scan, bag, and pay for their purchases without human assistance.
(f) “Self-service checkout station” means a station at which a customer can engage in a self-service checkout for the customer’s purchases.
2531.
(a) A grocery retail store or retail drug establishment shall not provide a self-service checkout option for customers unless all of the following conditions are satisfied:(1) At least one manual checkout station is staffed by an employee of the establishment who is available to any given customer at the time that a self-service checkout option is made available to that customer.
(2) (A) The employer has established a workplace policy that limits self-service checkouts to purchases of no more than 15 items.
(B) The establishment shall include signage within the self-service checkout area
indicating the number of items that are permitted through the self-service checkout station.
(3) Customers are prohibited from using self-service checkout to purchase either of the following:
(A) Items that require customers to provide a form of identification, including, but not limited to, alcohol and tobacco products.
(B) Items subject to special theft-deterrent measures, including, but not limited to, locked cabinets and electronic article surveillance tags, that require the intervention of an employee of the establishment for the customer to access or purchase the item.
(4) (A) No more than two self-service checkout stations are simultaneously monitored by any one employee of the establishment.
(B) An employee shall be relieved from all other duties when monitoring a self-service checkout station, including, but not limited to, operating a manual checkout station.
(b) A grocery retail store or retail drug establishment that offers self-service checkout shall include self-service checkout in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations.
2533.
(a) An employer who violates this part shall be subject to a civil penalty of one hundred dollars ($100) for each day in violation, not to exceed an aggregate penalty of ten thousand dollars ($10,000).(b) Upon the filing of a complaint by an employee, the Division of Labor Standards Enforcement shall enforce this part, including investigating an alleged violation, and ordering appropriate relief.
(c) In addition to other remedies as may be provided by the laws of this state or its subdivisions, any public prosecutor, as defined by Section 180, may also institute an action for a violation of this part, including an action seeking injunctive
relief.