California 2021-2022 Regular Session Status: Passed Assembly 1 D cosponsors

AB 437 — Employee obligations: exclusivity requirements: actors.

Last action — Ordered to inactive file at the request of Senator Cortese.

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

This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 imposes obligations on a contract for personal services. Specifically, existing law, except as specified, prohibits enforcement of a personal service contract beyond 7 years from the commencement of service under the contract and imposes additional requirements on an employee who is a party to a contract to render personal services in the production of specified phonorecords. This bill, except under prescribed circumstances, would prohibit a contract for the personal or professional services of an employee as an actor, as specified, from prohibiting the employee from working for multiple employers. This bill would provide that it applies to such an employment contract amended or entered into on or after January 1, 2023. The bill, except as specified, would provide that it voids any provision in a contract amended or entered into on or after January 1, 2023, that would deprive an employee of the bill's protections.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Cortese.

  2. Read second time. Ordered to third reading.

  3. Read second time and amended. Ordered returned to second reading.

  4. From committee: Amend, and do pass as amended. (Ayes 4. Noes 2.) (August 11).

  5. In committee: Referred to suspense file.

  6. In committee: Hearing postponed by committee.

  7. Read second time and amended. Re-referred to Com. on APPR.

  8. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 28).

  9. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (June 22). Re-referred to Com. on JUD.

  10. Re-referred to Coms. on L., P.E. & R. and JUD.

  11. Re-referred to Com. on RLS.

  12. Withdrawn from 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 ED.

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

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

  16. Referred to Com. on ED.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1602.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 16. Noes 0.) (May 20).

  21. In committee: Set, first hearing. Referred to APPR. suspense file.

  22. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 24). Re-referred to Com. on APPR.

  23. Referred to Com. on ED.

  24. From printer. May be heard in committee March 7.

  25. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

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

Passed 10 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 4000
Republican 1202
Unaffiliated 5100
Total 10302
% of votes cast 67%20%0%13%
How each member voted (15)
Member Party Vote
Dodd — Yea
Glazer — Yea
Bradford — Yea
Roth — Yea
Portantino — Yea
Wilk — Nay
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Alvarado-Gil, Marie Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting
Seyarto, Kelly Republican Nay

Official roll call →

Passed 61 Yea · 8 Nay · 11 Other
Party YeaNayPresentNot Voting
Democratic 45002
Unaffiliated 15203
Republican 1606
Total 618011
% of votes cast 76%10%0%14%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Waldron — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Not Voting
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Not Voting
Dixon, Diane Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Nay
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Nay
Wallis, Greg Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 9001
Unaffiliated 2001
Republican 0102
Total 11104
% of votes cast 69%6%0%25%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Not Voting
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Ortega, Liz Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Rivas, Robert Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Not Voting
Sanchez, Kate Republican Not Voting

Official roll call →

Passed 4 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 3001
Unaffiliated 1000
Republican 0002
Total 4003
% of votes cast 57%0%0%43%
How each member voted (7)
Member Party Vote
Rodriguez — Yea
Bains, Jasmeet Democratic Not Voting
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Wilson, Lori D. Democratic Yea
Davies, Laurie Republican Not Voting
Dixon, Diane Republican Not Voting

Official roll call →

Do pass as amended

Passed 4 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2101
Democratic 2000
Republican 0100
Total 4201
% of votes cast 57%29%0%14%
How each member voted (7)
Member Party Vote
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Bradford — Not Voting
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Kamlager — Yea
Wieckowski — Yea
Portantino — Yea
Bradford — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2001
Democratic 7000
Republican 0100
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Wieckowski — Yea
Borgeas — Not Voting
Hertzberg — Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 41000
Republican 10000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 6000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 437 do?
Existing law imposes obligations on a contract for personal services. Specifically, existing law, except as specified, prohibits enforcement of a personal service contract beyond 7 years from the commencement of service under the contract and imposes additional requirements on an employee who is a party to a contract to render personal services in the production of specified phonorecords. This bill, except under prescribed circumstances, would prohibit a contract for the personal or professional services of an employee as an actor, as specified, from prohibiting the employee from working for multiple employers. This bill would provide that it applies to such an employment contract amended or entered into on or after January 1, 2023. The bill, except as specified, would provide that it voids any provision in a contract amended or entered into on or after January 1, 2023, that would deprive an employee of the bill's protections.
Who sponsors AB 437?
AB 437 is sponsored by Kalra, Ash (Democratic).
What is the current status of AB 437?
This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” 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 437?
Track AB 437 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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