3 ms·

Does it invalidate such provisions in your already-signed existing employment agreement with your current employer?

petermonsson 8y ago
IANAL, but the introduction says yes
kurthr 8y ago
IANAL, but my understanding is that it makes it a crime for the employer to enforce the provision which prevents them from suing for it in civil court.
boulos 8y ago
Sadly, at least some of it only applies from Jan 1, 2019 onwards: > (b) This section applies to contracts for employment entered into, modified, or extended on or after January 1, 2019.
- Animats 8y ago
  That's just how California does non-urgent law changes. They turn on at the beginning of the next year. Newspapers often publish a list of new laws becoming effective on January 1.
  - SamReidHughes 8y ago
    No, that also avoids a big question about the law's constitutionality under the contract clause.
bdonlan 8y ago
> 432.6. (a) A person shall not, as a condition of employment, continued employment, the receipt of any employment-related benefit, or as a condition of entering into a contractual agreement, require any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or this code, including the right to file and pursue a civil action or a complaint with, or otherwise notify, any state agency, other public prosecutor, law enforcement agency, or any court or other governmental entity of any alleged violation. > [...] > (f) This section applies to contracts for employment entered into, modified, or extended on or after January 1, 2019. So, note that arbitration could still be mandated for violations of your employment contract, but not for litigation concerning employer violations of the California Fair Housing and Employment Act. If your employment contract has a defined end date, then renewal of that contract after 2019 will be under the provisions of this new law. For ones that don't have a defined end date, I'm not clear on whether they could be considered continually extended, or if it would just be a grandfathered-in contract.
- deleted 8y ago
  [deleted]

IANAL, but the introduction says yes

IANAL, but my understanding is that it makes it a crime for the employer to enforce the provision which prevents them from suing for it in civil court.

boulos 8y ago

Sadly, at least some of it only applies from Jan 1, 2019 onwards: > (b) This section applies to contracts for employment entered into, modified, or extended on or after January 1, 2019.

Animats 8y ago
That's just how California does non-urgent law changes. They turn on at the beginning of the next year. Newspapers often publish a list of new laws becoming effective on January 1.
- SamReidHughes 8y ago
  No, that also avoids a big question about the law's constitutionality under the contract clause.

bdonlan 8y ago

> 432.6. (a) A person shall not, as a condition of employment, continued employment, the receipt of any employment-related benefit, or as a condition of entering into a contractual agreement, require any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or this code, including the right to file and pursue a civil action or a complaint with, or otherwise notify, any state agency, other public prosecutor, law enforcement agency, or any court or other governmental entity of any alleged violation. > [...] > (f) This section applies to contracts for employment entered into, modified, or extended on or after January 1, 2019. So, note that arbitration could still be mandated for violations of your employment contract, but not for litigation concerning employer violations of the California Fair Housing and Employment Act. If your employment contract has a defined end date, then renewal of that contract after 2019 will be under the provisions of this new law. For ones that don't have a defined end date, I'm not clear on whether they could be considered continually extended, or if it would just be a grandfathered-in contract.

deleted 8y ago
[deleted]