California 2009-2010 Regular Session Status: To Executive

AB 335 — Employment contracts.

Last action — Consideration of Governor's veto stricken from file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law prohibits certain employment contract provisions as against public policy and declares provisions in certain construction contracts between a contractor and subcontractor for work in this state that purport to require dispute resolution between the parties to be commenced or determined outside of the state to be void and unenforceable. This bill would establish a rebuttable presumption that a choice of law or choice of forum provision in an employment agreement, handbook, or other statement of an employer's policies is unconscionable, violates the public policy of the state, and is void, if the provision would require an employee or job applicant to arbitrate or litigate a claim outside of California that arose from employment or conduct in this state or would deprive the employee or applicant of the protection of California law for such a claim. The bill would require a court to consider specified factors in determining whether a person seeking to enforce the choice of law or choice of forum provision has rebutted the presumption.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 1 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 48. Noes 29. Page 3217.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 22. Noes 15. Page 2065.)

  8. Read second time. To third reading.

  9. Withdrawn from committee. Ordered placed on second reading file.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  11. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 2.) (July 14).

  12. In committee: Hearing postponed by committee.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  14. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 4. Noes 2.) (June 25).

  15. In committee: Hearing postponed by committee.

  16. Referred to Coms. on L. & I.R. and JUD.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 45. Noes 30. Page 1531.)

  19. Read second time. To third reading.

  20. From committee: Do pass. (Ayes 7. Noes 3.) (April 28).

  21. In committee: Hearing postponed by committee.

  22. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 5. Noes 2.) (April 1).

  23. Referred to Coms. on L. & E. and JUD.

  24. From printer. May be heard in committee March 21.

  25. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Fuentes

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 335 FUENTES Concurrence in Senate Amendments

Passed 57 Yea · 32 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 533002
Republican 1200
Democratic 3000
Total 573202
% of votes cast 63%35%0%2%
How each member voted (91)
Member Party Vote
Hall — Yea
Audra — Nay
Galgiani — Not Voting
Duvall — Not Voting
Nestande — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Villines — Nay
Carter — Yea
Eng — Yea
Evans — Yea
Charles — Yea
Fuentes — Yea
Fuller — Nay
Furutani — Yea
Gilmore — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Hagman — Nay
Harkey — Nay
Hayashi — Yea
Hill — Yea
Fletcher — Nay
Bass — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Huber — Nay
Jeffries — Nay
Knight — Nay
Lieu — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Adams — Nay
Ammiano — Yea
Anderson — Nay
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nielsen — Nay
Ruskin — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Feuer — Yea
DeVore — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB335 Fuentes By Corbett

Passed 23 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211403
Democratic 2000
Republican 0100
Total 231503
% of votes cast 56%37%0%7%
How each member voted (41)
Member Party Vote
Yee — Yea
Florez — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Alquist — Yea
Corbett — Yea
Correa — Yea
Ducheny — Yea
Leno — Yea
McLeod — Yea
Price — Yea
Cedillo — Not Voting
Runner — Nay
Cogdill — Nay
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Benoit — Nay
Dutton — Nay
Oropeza — Not Voting
Romero — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Ashburn — Nay
Kehoe — Yea
Liu — Yea
Maldonado — Nay
Pavley — Yea
Simitian — Yea
Wiggins — Yea
Wyland — Nay
Cox — Nay
DeSaulnier — Not Voting
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 335 FUENTES Assembly Third Reading

Passed 54 Yea · 33 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 483105
Democratic 5000
Republican 1200
Total 543305
% of votes cast 59%36%0%5%
How each member voted (92)
Member Party Vote
Hagman — Nay
Evans — Yea
Fuentes — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Fuller — Nay
Garrick — Nay
Gilmore — Nay
Hall — Yea
Harkey — Nay
Fletcher — Nay
Gaines — Nay
Audra — Nay
Bass — Yea
Blakeslee — Nay
Duvall — Nay
Hernandez — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torrico — Yea
Tran — Nay
Saldana — Not Voting
Galgiani — Not Voting
Price — Not Voting
Torres — Not Voting
Charles — Yea
Ammiano — Yea
Beall — Yea
Adams — Nay
Anderson — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Knight — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Villines — Nay
Carter — Yea
Emmerson — Nay
Coto — Yea
Eng — Not Voting
Feuer — Yea
Davis — Yea
DeVore — Nay
Furutani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 3 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 6300
Total 7300
% of votes cast 70%30%0%0%
How each member voted (10)
Member Party Vote
Evans — Yea
Feuer — Yea
Brownley — Yea
Krekorian — Yea
Lieu — Yea
Monning — Yea
Knight — Nay
Nielsen — Nay
Tran — Nay
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 335 do?
Existing law prohibits certain employment contract provisions as against public policy and declares provisions in certain construction contracts between a contractor and subcontractor for work in this state that purport to require dispute resolution between the parties to be commenced or determined outside of the state to be void and unenforceable. This bill would establish a rebuttable presumption that a choice of law or choice of forum provision in an employment agreement, handbook, or other statement of an employer's policies is unconscionable, violates the public policy of the state, and is void, if the provision would require an employee or job applicant to arbitrate or litigate a claim outside of California that arose from employment or conduct in this state or would deprive the employee or applicant of the protection of California law for such a claim. The bill would require a court to consider specified factors in determining whether a person seeking to enforce the choice of law or choice of forum provision has rebutted the presumption.
Who sponsors AB 335?
AB 335 is sponsored by Fuentes.
What is the current status of AB 335?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 335?
Track AB 335 free on One Click Politics — get push/email alerts when it moves.

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