BILL NUMBER: AB 267	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 22, 2011

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 7, 2011

   An act to add Section 924 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 267, Swanson. Employment contracts.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that it is the
public policy of the State of California to ensure that California
employees have the full benefit of the provisions of the California
Labor Code and other provisions of California law that relate to
employment and that employees should not be deprived of the
protection of California law by contract provisions that require
employees or job applicants as a condition of employment to submit to
the laws of other states for claims that arise from employment, or
the securing of employment, in California. The Legislature further
finds and declares that all employees should have the right to access
the California courts to seek redress for these claims and that
employees should not be required to resolve these claims in foreign
jurisdictions. The Legislature finds and declares that any choice of
law, choice of forum, or choice of venue provision in a job
application, employment agreement, employment handbook, or other
statement of an employer's policies applicable to its employees, is
against the public policy of this state if the provision would have
the effect of: (a) requiring the employee or job applicant to resolve
outside of California claims that arose from employment, or the
securing of employment, in California; or (b) depriving the employee
or job applicant of the protection of California law for claims
arising from employment, or the securing of employment, in
California.
  SEC. 2.  Section 924 is added to the Labor Code, to read:
   924.  (a) An employer shall not require an employee or job
applicant, as a condition of employment, to waive the application of
California law to any dispute relating to employment in California,
or to waive the application of California law to any dispute relating
to the securing of employment in California.
   (b) An employer shall not require an employee or job applicant, as
a condition of employment, to resolve outside of California any
dispute regarding employment in California, or to resolve outside of
California any dispute regarding the securing of employment in
California.
   (c) Any choice of law, choice of forum, or choice of venue
provision in a job application, employment agreement, employment
handbook, or other statement of an employer's policies applicable to
its employees, is unconscionable, violative of the public policy of
this state, and void if the provision would have the effect of either
of the following:
   (1) Requiring the employee or job applicant, as a condition of
employment, to resolve outside of California claims that arose from
employment in California, or the securing of employment in
California.
   (2) Depriving the employee or job applicant of the protection of
California law for claims arising from employment in California, or
the securing of employment in California.
   (d) Nothing in this provision affects the right of an employee to
voluntarily agree to a choice of law or forum selection provision
that is not required as a condition of employment and that is the
subject of independent consideration.