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AB-1385 Employment.(2021-2022)

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Date Published: 02/19/2021 09:00 PM


Assembly Bill
No. 1385

Introduced by Assembly Member Lorena Gonzalez

February 19, 2021

An act to amend Section 2870 of the Labor Code, relating to employment.


AB 1385, as introduced, Lorena Gonzalez. Employment.
Existing law, with specified exceptions, prohibits an employer from requiring an employee to sign an employment agreement that assigns to the employer the employee’s rights to an invention developed on the employee’s own time and without using the employer’s facilities, equipment, or trade secrets.
This bill would make nonsubstantive changes to this provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


 Section 2870 of the Labor Code is amended to read:

 (a) Any A provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her their rights in an invention to his or her their employer shall not apply to an invention that the employee developed entirely on his or her their own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: unless the invention meets either of the following criteria:
(1) Relate The invention relates at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or employer.
(2) Result The invention resulted from any work performed by the employee for the employer.
(b) To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of this state and is unenforceable.