Bill Text: CA AB437 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Employee obligations: exclusivity requirements: actors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-08-22 - Ordered to inactive file at the request of Senator Cortese. [AB437 Detail]

Download: California-2021-AB437-Amended.html

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Amended  IN  Senate  May 02, 2022

Amended  IN  Senate  June 21, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 437

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Introduced by Assembly Member Kalra

February 04, 2021

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An act to amend Sections 44259, 44280, and 44310 of, and to repeal Section 44282.1 of, the Education Code, relating to teacher credentialing. An act to add Section 2855.1 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 437, as amended, Kalra. Teacher credentialing: subject matter competence. Employee obligations: exclusivity requirements: actors.

Existing law imposes obligations on a contract for personal services. Specifically, existing law, except as specified, prohibits enforcement of a personal service contract beyond 7 years from the commencement of service under the contract and imposes additional requirements on an employee who is a party to a contract to render personal services in the production of specified phonorecords.

This bill, except under prescribed circumstances, would prohibit a contract for the personal or professional services of an employee working as an actor, as specified, from prohibiting an employee from working for multiple employers.

This bill would provide that it applies to an employment contract amended or entered into on or after January 1, 2023. The bill would provide that it voids any provision in a contract amended or entered into on or after January 1, 2023, that would deprive an employee of its protections.

Existing law establishes the Commission on Teacher Credentialing and requires the commission, among other duties, to establish standards for the issuance and renewal of credentials, certificates, and permits, and for the accreditation of teacher preparation programs. Existing law specifies the minimum requirements for the preliminary multiple subject, single subject, and educational specialist teaching credential, including a subject matter competence requirement demonstrated by either completion of a subject matter program that has been approved by the commission or passage of a subject matter examination.

This bill would authorize a candidate for the preliminary multiple subject, single subject, or education specialist teaching credential to demonstrate subject matter competence by completing higher education coursework in the subject matters related to the content area of the credential, or through a combination of a subject matter examination and higher education coursework in the subject matters related to the content area of the credential, as provided. The bill would also repeal a provision prohibiting the Commission on Teacher Credentialing from developing a new health science subject matter examination.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 2855.1 is added to the Labor Code, to read:

2855.1.

 (a) Notwithstanding any other provision of law, a contract for the personal or professional services of an employee as an actor in connection with the production of motion pictures and other audiovisual entertainment, regardless of medium, excluding commercial advertising, shall not prohibit the employee from working for multiple employers unless the employer can show that the other employment would pose a direct scheduling conflict or the employer can show that it would materially interfere with the employer’s business. The contract may do the following:

(1) Require the employee to disclose to the existing employer any additional employment, provided the existing employer shall not take any adverse action against the employee based solely on the employee having taken additional employment.

(2) Require that the employee wait 14 days after their current production ends to begin production with a different employer and complete all aspects of production with a different employer no fewer than 14 days before production with the existing employer resumes.

(3) Include protections for trade secrets and confidential business information. Nothing in this section shall supersede any rights the employer may have under any other section with respect thereto.

(b) This section shall apply to a contract for the personal or professional services of an employee as an actor amended or entered into on or after January 1, 2023.

(c) Any provision in an employment contract amended or entered into on or after January 1, 2023, that would deprive an employee of the protections of this section shall be void.