California 2015-2016 Regular Session Status: Passed Assembly

AB 2879 — Service Member Employment Protection Act.

Last action — Ordered to inactive file at the request of Assembly Member Mark Stone.

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

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits a person from discriminating against a member of the military forces because of his or her membership or service, as prescribed. Existing law makes a violation of those provisions a crime. Existing law also provides civil remedies for violations of those provisions. This bill would prohibit a person from requiring a waiver of the protections afforded under those provisions as a condition of employment, including the right to file and pursue a civil action or complaint, as specified. The bill would prohibit a person from retaliating against a person who refuses to waive his or her rights under those provisions, as prescribed. The bill would require any waiver of the protections afforded under those provisions to be knowing and voluntary, in writing, and expressly not made as a condition of employment, as specified. The bill would require a person seeking to enforce that waiver to have the burden of proving that the waiver was knowing and voluntary and not made as a condition of employment. The bill would apply its provisions to any waiver agreement entered into on or after January 1, 2017, including an agreement that requires private arbitration. A violation of these provisions would not constitute a crime. The bill would include a severability clause.

Bill Text

Action History

  1. Ordered to inactive file at the request of Assembly Member Mark Stone.

  2. Read third time and amended. Ordered to third reading. (Page 4944.)

  3. Read second time. Ordered to third reading.

  4. From committee: Do pass. (Ayes 5. Noes 2.) (May 4).

  5. From committee: Do pass and re-refer to Com. on L. & E. (Ayes 7. Noes 3.) (April 19). Re-referred to Com. on L. & E.

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

  7. Re-referred to Com. on JUD.

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

  9. Re-referred to Com. on JUD.

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

  11. Referred to Coms. on JUD. and L. & E.

  12. From printer. May be heard in committee March 27.

  13. Read first time. To print.

Sponsors

  • Chiu · Cosponsor
  • Thurmond · Cosponsor
  • Ting · Cosponsor
  • Mark Stone · Primary

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (3)

  • Chiu
  • Thurmond
  • Ting

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
McCarty — Yea
O'Donnell — Yea
Thurmond — Yea
Chu — Yea
Linder — Nay
Jim Patterson — Nay
Roger Hernández — Yea

Official roll call →

Subjects

veterans 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 AB 2879 do?
Existing law prohibits a person from discriminating against a member of the military forces because of his or her membership or service, as prescribed. Existing law makes a violation of those provisions a crime. Existing law also provides civil remedies for violations of those provisions. This bill would prohibit a person from requiring a waiver of the protections afforded under those provisions as a condition of employment, including the right to file and pursue a civil action or complaint, as specified. The bill would prohibit a person from retaliating against a person who refuses to waive his or her rights under those provisions, as prescribed. The bill would require any waiver of the protections afforded under those provisions to be knowing and voluntary, in writing, and expressly not made as a condition of employment, as specified. The bill would require a person seeking to enforce that waiver to have the burden of proving that the waiver was knowing and voluntary and not made as a condition of employment. The bill would apply its provisions to any waiver agreement entered into on or after January 1, 2017, including an agreement that requires private arbitration. A violation of these provisions would not constitute a crime. The bill would include a severability clause.
Who sponsors AB 2879?
AB 2879 is sponsored by Chiu, Thurmond, Ting, and Mark Stone.
What is the current status of AB 2879?
This bill died with 2015-2016 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 2879?
Track AB 2879 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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