Bill Text: CA SB550 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Public school employment: meeting and negotiating: legal actions: settlement offer: attorney’s fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-10-14 - Chaptered by Secretary of State. Chapter 812, Statutes of 2017. [SB550 Detail]

Download: California-2017-SB550-Amended.html

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Amended  IN  Senate  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 550

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Introduced by Senator Pan

February 16, 2017

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An act to amend Section 3543.8 of the Government Code, relating to public school employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 550, as amended, Pan. Public school employment: meeting and negotiating: legal actions: attorney’s fees.

Existing law gives public school employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Existing law gives an employee organization standing to sue in an action or proceeding instituted on behalf of one or more of its members.

This bill would provide that, except as specified, if the employee organization prevails in an action in proving the employer failed to provide wages or benefits required by state law, the employer shall pay the employee organization’s reasonable attorney’s fees and expenses if notice was provided to the employer as specified.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 3543.8 of the Government Code is amended to read:

3543.8.

 (a) Any employee organization shall have standing to sue in any action or proceeding heretofore or hereafter instituted by it as representative and on behalf of one or more of its members. This section is expressly intended to apply to actions or proceedings commenced prior to, but concluded or pending as of, as well as on and after, the effective date of this section.

(b) (1) If the employee organization prevails in an action in proving the employer failed to provide wages or benefits required by state law, the employer shall pay the employee organization’s reasonable attorney’s fees and expenses if written notice of intent to seek fees was provided to the employer at least 30 days before the action was instituted.

(2) Paragraph (1) does not apply to unfair practice proceedings under this chapter.