Today's Law As Amended


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AB-437 Employee obligations: exclusivity requirements: actors.(2021-2022)



As Amends the Law Today


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 a scripted episodic series, 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 refrain from any additional employment during any of the following:
(A) Thirty days before principal photography begins.
(B) During principal photography.
(C) Thirty days after all aspects of principal photography are complete.
(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) (1) 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.
(2) Notwithstanding any other provision of this section, an employment contract that is subject to a valid collective bargaining agreement may include exceptions or alterations to the obligations of this section, if both of the following apply:
(A) The collective bargaining agreement becomes effective on or after January 1, 2023.
(B) The exceptions or alterations to the obligations of this section are consistent with that collective bargaining agreement.
(d) For purposes of this section, “principal photography” means the period of time when the scripted episodic series is being shot and does not include preproduction and postproduction timeframes.