Roger Hernández
- Democratic
Author
Existing law declares that negotiation of terms and conditions of labor should result from voluntary agreement between employer and employee. Existing law provides that any person who coerces or compels any other person to enter into an agreement, written or verbal, not to join or become a member of any labor organization, as a condition of securing employment or continuing in employment, is guilty of a misdemeanor. This bill would prohibit any person from requiring another person, as a condition of employment, to agree to the waiver of any legal right, penalty, forum, or procedure for any employment law violations. The bill would prohibit a person from threatening, retaliating against, or discriminating against another person based on a refusal to agree to such waiver, and would provide that any such waiver required from an employee or potential employee as a condition of employment or continued employment is unconscionable, against public policy, and unenforceable. The bill would require that any waiver of a person's employment rights, not prohibited by state or federal law, be knowing and voluntary and in writing, and expressly not made as a condition of employment. The bill would provide that a person seeking to enforce a waiver has the burden of proof to show that the waiver was knowing and voluntary. The bill would apply to any waiver agreement entered into on or after January 1, 2016, and would authorize an award of reasonable attorney's fees to the prevailing claimant. The bill would except specified self-regulatory organizations and specified employees from the application of its provisions. The bill would provide that its provisions are severable.
Last day to consider Governor's veto pursuant to Joint Rule 58.5.
Vetoed by Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 46. Noes 31. Page 2611.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 15. Page 2155.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (June 23).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 10). Re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 30. Page 1444.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (May 6).
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
From printer. May be heard in committee March 26.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB465 | HTML |
| 02/23/15 - Introduced | |
| 03/26/15 - Amended Assembly | |
| 04/30/15 - Amended Assembly | |
| 07/02/15 - Amended Senate | |
| 08/19/15 - Amended Senate | |
| 08/31/15 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.