AB 465, as amended, Roger Hernández. Contracts against public policy.
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
begin delete requireend delete the waiver of any legal right, penalty, forum, or procedure for begin delete specifiedend delete employment law begin delete violations to be knowing, voluntary, and in writing.end delete The bill would prohibit begin delete such a waiver from being made as a condition of
employmentend delete 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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 925 is added to the Labor Code, to read:
(a) Any waiver of any legal right, penalty, forum, or
31procedure for a violation of any provision of this code shall be
32knowing, voluntary, and in writing. A waiver shall not expressly
33be made as a condition of employment.
34(b) Any waiver of any legal right, penalty, forum, or procedure
35for a violation of any provision of this code that is required for an
36employee or potential employee as a condition of employment or
37continued employment shall be deemed involuntary,
38unconscionable, against public policy, and unenforceable.