Bob Wieckowski
- Democratic
Author
Existing law regulates the terms and conditions of labor contracts. Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law creates the Division of Labor Standards Enforcement, which is under the direction of the Labor Commissioner, and generally commits to the commissioner the authority and responsibility for the enforcement of employment laws. This bill, for contracts entered into, modified, or extended on or after January 1, 2017, would prohibit an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would require the employee to adjudicate outside of California a claim arising in California or deprive the employee of the substantive protection of California law with respect to a controversy arising in California. The bill would make any provision of a contract that violates these prohibitions voidable, upon request of the employee, and would require a dispute over a voided provision to be adjudicated in California under California law. The bill would specify that injunctive relief is available and would authorize a court to award reasonable attorney's fees. The bill would provide that adjudication includes litigation and arbitration for purposes of these provisions. The bill would except from these provisions a contract with an employee who was represented by legal counsel, as specified.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 632, Statutes of 2016.
Enrolled and presented to the Governor at 3:30 p.m.
Assembly amendments concurred in. (Ayes 24. Noes 13. Page 5597.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 54. Noes 21. Page 6576.) Ordered to the Senate.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 8. Noes 1.) (August 25).
Joint Rule 62(a) suspended.
Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
Ordered to third reading.
Read third time and amended. (Ayes 73. Noes 0. Page 5948.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 6.) (June 29).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (June 21). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 25. Noes 13. Page 3847.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing May 9.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3700.) (April 26). Re-referred to Com. on APPR.
Set for hearing April 26.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 20.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1241 | HTML |
| 02/18/16 - Introduced | |
| 03/29/16 - Amended Senate | |
| 04/18/16 - Amended Senate | |
| 06/14/16 - Amended Assembly | |
| 06/20/16 - Amended Assembly | |
| 08/19/16 - Amended Assembly | |
| 08/29/16 - Amended Assembly | |
| 09/07/16 - Enrolled | |
| 09/25/16 - Chaptered |
| 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.