California 2009-2010 Regular Session Status: In Committee

SB 705 — Employee rights: exhaustion of administrative remedies.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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

This bill died with 2009-2010 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Under existing law, where a statute provides an employment right and sets forth administrative procedures that must be followed to redress a violation of that right, an employee must first exhaust those administrative procedures before seeking redress from the courts in a civil action. Additionally, decisional law has required employees to exhaust an employer's administrative remedies to redress violations of statutory law even where the statute creating the right does not require the exhaustion as a prerequisite to the filing of a civil action. This bill would provide that exhaustion of an employer's internal administrative remedies or judicial review of a decision of an administrative agency is not a precondition, and does not need to be judicially reviewed by a petition for a writ of mandate, for the filing of a civil action alleging a violation of a right that the Legislature determines to be based on a fundamental public policy of the state.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. Set, final hearing. Held in committee and under submission.

  3. (Suspense - for vote only.)

  4. Set for hearing May 28.

  5. Joint Rule 62(a) file notice suspended. (Page 1036.)

  6. Placed on APPR suspense file.

  7. Set for hearing May 26.

  8. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  9. Set, second hearing. Hearing canceled at the request of author.

  10. Set for hearing May 18.

  11. Set, first hearing. Hearing canceled at the request of author.

  12. Set for hearing May 11.

  13. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 3. Noes 2. Page 702.) Re-referred to Com. on APPR.

  14. Set for hearing April 28.

  15. Re-referred to Com. on JUD.

  16. Re-referred to Com. on RLS.

  17. Withdrawn from committee.

  18. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on T. & H.

  19. To Com. on T. & H.

  20. Read first time.

  21. From print. May be acted upon on or after March 30.

  22. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Corbett — Yea
Cox — Yea
Walters — Yea
Wolk — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 705 do?
Under existing law, where a statute provides an employment right and sets forth administrative procedures that must be followed to redress a violation of that right, an employee must first exhaust those administrative procedures before seeking redress from the courts in a civil action. Additionally, decisional law has required employees to exhaust an employer's administrative remedies to redress violations of statutory law even where the statute creating the right does not require the exhaustion as a prerequisite to the filing of a civil action. This bill would provide that exhaustion of an employer's internal administrative remedies or judicial review of a decision of an administrative agency is not a precondition, and does not need to be judicially reviewed by a petition for a writ of mandate, for the filing of a civil action alleging a violation of a right that the Legislature determines to be based on a fundamental public policy of the state.
Who sponsors SB 705?
SB 705 is sponsored by Bonnie Lowenthal.
What is the current status of SB 705?
This bill died with 2009-2010 Regular Session. It reached “In Committee” 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 SB 705?
Track SB 705 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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