California 2011-2012 Regular Session Status: To Executive

AB 267 — Employment contracts.

Last action — Vetoed by Governor.

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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 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 make void and unenforceable as against public policy any provision in an employment contract that requires an employee, as a condition of obtaining or continuing employment, to use a forum other than California, or to agree to a choice of law other than California law, to resolve any dispute with an employer regarding employment-related issues that arise in California, and would make related changes.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 11 a.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 27. Page 2830.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 15. Page 2139.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 3. Noes 2.) (July 5).

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

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

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

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 26. Page 1552.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 5. Noes 1.) (May 4).

  17. Referred to Com. on L. & E.

  18. From printer. May be heard in committee March 10.

  19. Read first time. To print.

Sponsors

  • Swanson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Swanson

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 267 SWANSON Concurrence in Senate Amendments

Passed 49 Yea · 27 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 482504
Republican 0200
Democratic 1000
Total 492704
% of votes cast 61%34%0%5%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Nay
Feuer — Yea
Butler — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Yea
Cedillo — Yea
Hagman — Nay
Atkins — Yea
Hall — Yea
Harkey — Nay
Chesbro — Yea
Hill — Yea
Fletcher — Nay
Huber — Yea
Hueso — Yea
Bonilla — Not Voting
Beall — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Not Voting
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Monning — Not Voting
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB267 Swanson By DeSaulnier

Passed 21 Yea · 15 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201403
Republican 0100
Democratic 1001
Total 211504
% of votes cast 53%38%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Evans — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Hernandez — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Cannella — Nay
Rubio — Nay
Runner — Not Voting
Fuller — Nay
Huff — Nay
Anderson — Nay
Dutton — Nay
Walters — Nay
Alquist — Yea
Blakeslee — Nay
Harman — Not Voting
Kehoe — Yea
Lieu — Yea
Price — Yea
Vargas — Not Voting
Wolk — Yea
Wyland — Nay
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 3 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Total 3200
% of votes cast 60%40%0%0%
How each member voted (5)
Member Party Vote
Evans — Yea
Blakeslee — Nay
Corbett — Yea
Harman — Nay
Leno — Yea

Official roll call →

AB 267 SWANSON Assembly Third Reading

Passed 49 Yea · 26 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 482504
Republican 0101
Democratic 1000
Total 492605
% of votes cast 61%33%0%6%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Butler — Yea
Fong — Yea
Allen — Yea
Alejo — Yea
Carter — Yea
Yamada — Yea
Furutani — Yea
Galgiani — Not Voting
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Gordon — Yea
Cedillo — Not Voting
Bonilla — Yea
Atkins — Yea
Hagman — Nay
Halderman — Nay
Chesbro — Yea
Hall — Yea
Fletcher — Nay
Hayashi — Yea
Hill — Yea
Hueso — Yea
Beall — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Not Voting
Donnelly — Nay
Huffman — Yea
Jeffries — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Achadjian — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Eng — Yea
Feuer — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Gorell — Not Voting
Alejo — Yea
Morrell — Nay
Swanson — Yea
Furutani — Yea
Yamada — Yea
Allen, Benjamin Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 267 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 make void and unenforceable as against public policy any provision in an employment contract that requires an employee, as a condition of obtaining or continuing employment, to use a forum other than California, or to agree to a choice of law other than California law, to resolve any dispute with an employer regarding employment-related issues that arise in California, and would make related changes.
Who sponsors AB 267?
AB 267 is sponsored by Swanson.
What is the current status of AB 267?
This bill died with 2011-2012 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 267?
Track AB 267 free on One Click Politics — get push/email alerts when it moves.

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