California 2015-2016 Regular Session Status: Enacted

SB 1241 — Employment contracts: adjudication: choice of law and forum.

Last action — Chaptered by Secretary of State. Chapter 632, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 18, 2016. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 632, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 24. Noes 13. Page 5597.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 54. Noes 21. Page 6576.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 8. Noes 1.) (August 25).

  10. Joint Rule 62(a) suspended.

  11. Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  12. Ordered to third reading.

  13. Read third time and amended. (Ayes 73. Noes 0. Page 5948.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 12. Noes 6.) (June 29).

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (June 21). Re-referred to Com. on APPR.

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  19. Referred to Com. on JUD.

  20. In Assembly. Read first time. Held at Desk.

  21. Read third time. Passed. (Ayes 25. Noes 13. Page 3847.) Ordered to the Assembly.

  22. Read second time. Ordered to third reading.

  23. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  24. Set for hearing May 9.

  25. 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.

  26. Set for hearing April 26.

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  28. Re-referred to Com. on JUD.

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  30. Referred to Com. on RLS.

  31. From printer. May be acted upon on or after March 20.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Wieckowski

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

W/O REF. TO FILE

Passed 24 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221202
Democratic 2100
Total 241302
% of votes cast 62%33%0%5%
How each member voted (39)
Member Party Vote
Bates — Nay
Block — Yea
Leyva — Yea
Liu — Yea
Morrell — Nay
Hill — Yea
Cannella — Nay
Fuller — Nay
Galgiani — Not Voting
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Not Voting
Huff — Nay
Anderson — Nay
Beall — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Nielsen — Nay
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Lara — Yea
Leno — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Pan — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 1241 Wieckowski Senate Third Reading By ALEJO

Passed 54 Yea · 21 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 481705
Democratic 5000
Republican 1400
Total 542105
% of votes cast 68%26%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
O'Donnell — Yea
Ridley-Thomas — Yea
Steinorth — Nay
Wagner — Nay
Wilk — Nay
Eggman — Yea
Cooper — Yea
Salas — Yea
Bonilla — Yea
Gatto — Yea
Gordon — Yea
Lopez — Yea
Hadley — Yea
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Kim — Yea
Atkins — Yea
Levine — Yea
Linder — Yea
Mayes — Yea
Campos — Not Voting
McCarty — Yea
Medina — Yea
Chang — Yea
Melendez — Nay
Bigelow — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Not Voting
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Williams — Yea
Wood — Yea
Gray — Not Voting
Burke — Not Voting
Frazier — Not Voting
Gomez — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 8 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7101
Republican 1000
Total 8101
% of votes cast 80%10%0%10%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Yea
Holden — Yea
Chau — Yea
Chiu — Yea
Ting — Yea
Wagner — Nay
Cristina Garcia — Not Voting
Mark Stone — Yea
Gallagher, James Republican Yea

Official roll call →

SB 1241 Wieckowski Senate Third Reading Amendment Set #1

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 63007
Democratic 5000
Republican 5000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Levine — Yea
Mathis — Not Voting
Mullin — Yea
Obernolte — Not Voting
Olsen — Yea
Quirk — Yea
Rodriguez — Yea
Wagner — Yea
Williams — Yea
Eggman — Yea
Chávez — Yea
Daly — Yea
Gatto — Yea
Harper — Yea
Jones-Sawyer — Yea
Salas — Yea
Low — Yea
Burke — Yea
Bonilla — Yea
Frazier — Yea
Gray — Yea
Gordon — Yea
Hadley — Yea
Lopez — Yea
Holden — Not Voting
Kim — Not Voting
Linder — Yea
Maienschein — Yea
Mayes — Yea
McCarty — Yea
Campos — Yea
Atkins — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
O'Donnell — Yea
Chang — Yea
Bigelow — Not Voting
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Not Voting
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10402
Democratic 2000
Republican 0200
Total 12602
% of votes cast 60%30%0%10%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Weber — Yea
Eggman — Yea
Bonilla — Not Voting
Holden — Yea
Chang — Nay
Daly — Yea
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Wagner — Nay
Wood — Yea
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 25 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231202
Democratic 2100
Total 251302
% of votes cast 63%33%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Hertzberg — Yea
Leno — Yea
Leyva — Yea
Nielsen — Nay
Pan — Yea
Wieckowski — Yea
Cannella — Nay
Fuller — Nay
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Runner — Not Voting
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Huff — Nay
Lara — Yea
Liu — Not Voting
Bates — Nay
Beall — Yea
Block — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Pavley — Yea
Roth — Yea
Vidak — Nay
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does SB 1241 do?
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.
Who sponsors SB 1241?
SB 1241 is sponsored by Wieckowski.
What is the current status of SB 1241?
This bill has been enacted into law. Introduced February 18, 2016. Enacted.
Where can I track SB 1241?
Track SB 1241 free on One Click Politics — get push/email alerts when it moves.

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