California 2015-2016 Regular Session Status: To Executive

AB 465 — Contracts against public policy.

Last action — Last day to consider Governor's veto pursuant to Joint Rule 58.5.

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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 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 declares that negotiation of terms and conditions of labor should result from voluntary agreement between employer and employee. Existing law provides that any person who coerces or compels any other person to enter into an agreement, written or verbal, not to join or become a member of any labor organization, as a condition of securing employment or continuing in employment, is guilty of a misdemeanor. This bill would prohibit any person from requiring another person, as a condition of employment, to agree to the waiver of any legal right, penalty, forum, or procedure for any employment law violations. The bill would prohibit a person from threatening, retaliating against, or discriminating against another person based on a refusal to agree to such waiver, and would provide that any such waiver required from an employee or potential employee as a condition of employment or continued employment is unconscionable, against public policy, and unenforceable. The bill would require that any waiver of a person's employment rights, not prohibited by state or federal law, be knowing and voluntary and in writing, and expressly not made as a condition of employment. The bill would provide that a person seeking to enforce a waiver has the burden of proof to show that the waiver was knowing and voluntary. The bill would apply to any waiver agreement entered into on or after January 1, 2016, and would authorize an award of reasonable attorney's fees to the prevailing claimant. The bill would except specified self-regulatory organizations and specified employees from the application of its provisions. The bill would provide that its provisions are severable.

Bill Text

Action History

  1. Last day to consider Governor's veto pursuant to Joint Rule 58.5.

  2. Vetoed by Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 46. Noes 31. Page 2611.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 15. Page 2155.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

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

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 5. Noes 2.) (June 23).

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 10). Re-referred to Com. on JUD.

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

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 30. Page 1444.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 5. Noes 2.) (May 6).

  19. Re-referred to Com. on L. & E.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  21. Re-referred to Com. on L. & E.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

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

  24. From printer. May be heard in committee March 26.

  25. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 13 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

AB 465 HERNÁNDEZ Concurrence in Senate Amendments

Passed 46 Yea · 31 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 432503
Democratic 3100
Republican 0500
Total 463103
% of votes cast 58%39%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Not Voting
Jones-Sawyer — Yea
Maienschein — Nay
Mathis — Nay
Mullin — Yea
Obernolte — Nay
Perea — Yea
Quirk — Yea
Santiago — Yea
Waldron — Nay
Eggman — Yea
Cooper — Yea
Gatto — Yea
Campos — Yea
Dababneh — Yea
Dodd — Yea
Salas — Yea
Bonilla — Yea
Low — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Lopez — Yea
Frazier — Not Voting
Gomez — Yea
Gordon — Yea
Atkins — Yea
Harper — Nay
Holden — Yea
Burke — Yea
Gray — Nay
Kim — Nay
Levine — Yea
Linder — Nay
Mayes — Nay
McCarty — Yea
Melendez — Nay
Olsen — Nay
Baker — Nay
Bigelow — Nay
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Nay
Daly — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Nay
Thurmond — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Williams — Yea
Wood — Not Voting
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB465 Roger Hernández By Leyva

Passed 22 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 201403
Democratic 2100
Total 221503
% of votes cast 55%38%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Block — Yea
Hernandez — Yea
Hueso — Yea
Huff — Nay
Liu — Yea
Monning — Yea
Morrell — Nay
Pavley — Yea
Roth — Not Voting
Vidak — Nay
Wieckowski — Yea
Wolk — Not Voting
Fuller — Nay
Galgiani — Not Voting
Glazer — Nay
Cannella — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Hertzberg — Yea
Runner — Nay
Beall — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Nay
Nielsen — Nay
Pan — Yea
Hall — 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 →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hertzberg — Yea
Anderson — Nay
Leno — Yea
Monning — Yea
Moorlach — Nay
Wieckowski — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

AB 465 HERNÁNDEZ Assembly Third Reading

Passed 45 Yea · 30 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 422305
Democratic 3100
Republican 0600
Total 453005
% of votes cast 56%38%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bloom — Yea
Brough — Nay
Brown — Not Voting
Kim — Nay
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Ridley-Thomas — Yea
Steinorth — Nay
Wagner — Nay
Wilk — Nay
Eggman — Yea
Cooper — Yea
Frazier — Yea
Campos — Yea
Gatto — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Low — Yea
Medina — Yea
O'Donnell — Yea
Perea — Yea
Rendon — Yea
Gomez — Yea
Lopez — Yea
Gordon — Yea
Harper — Nay
Atkins — Yea
Holden — Yea
Burke — Yea
Gray — Nay
Levine — Yea
Chang — Nay
Linder — Nay
Salas — Not Voting
Mayes — Nay
McCarty — Yea
Bigelow — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Not Voting
Dababneh — Yea
Daly — Not Voting
Dodd — Yea
Melendez — Nay
Mullin — Yea
Obernolte — Nay
Olsen — Nay
Quirk — Yea
Rodriguez — Not Voting
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Williams — Yea
Wood — Yea
Gonzalez — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Harper — Nay
Chu — Yea
Low — Yea
McCarty — Yea
Thurmond — Yea
Roger Hernández — Yea
Patterson, Joe Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 465 do?
Existing law declares that negotiation of terms and conditions of labor should result from voluntary agreement between employer and employee. Existing law provides that any person who coerces or compels any other person to enter into an agreement, written or verbal, not to join or become a member of any labor organization, as a condition of securing employment or continuing in employment, is guilty of a misdemeanor. This bill would prohibit any person from requiring another person, as a condition of employment, to agree to the waiver of any legal right, penalty, forum, or procedure for any employment law violations. The bill would prohibit a person from threatening, retaliating against, or discriminating against another person based on a refusal to agree to such waiver, and would provide that any such waiver required from an employee or potential employee as a condition of employment or continued employment is unconscionable, against public policy, and unenforceable. The bill would require that any waiver of a person's employment rights, not prohibited by state or federal law, be knowing and voluntary and in writing, and expressly not made as a condition of employment. The bill would provide that a person seeking to enforce a waiver has the burden of proof to show that the waiver was knowing and voluntary. The bill would apply to any waiver agreement entered into on or after January 1, 2016, and would authorize an award of reasonable attorney's fees to the prevailing claimant. The bill would except specified self-regulatory organizations and specified employees from the application of its provisions. The bill would provide that its provisions are severable.
Who sponsors AB 465?
AB 465 is sponsored by Roger Hernández.
What is the current status of AB 465?
This bill died with 2015-2016 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 465?
Track AB 465 free on One Click Politics — get push/email alerts when it moves.

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