Amended IN Senate April 05, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 550Introduced by Senator PanFebruary 16, 2017 An act to amend Section 3543.8 of the Government Code, relating to public school employment. LEGISLATIVE COUNSEL'S DIGESTSB 550, as amended, Pan. Public school employment: meeting and negotiating: legal actions: attorneys 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 organizations reasonable attorneys fees and expenses if notice was provided to the employer as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 organizations reasonable attorneys 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.
Amended IN Senate April 05, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 550Introduced by Senator PanFebruary 16, 2017 An act to amend Section 3543.8 of the Government Code, relating to public school employment. LEGISLATIVE COUNSEL'S DIGESTSB 550, as amended, Pan. Public school employment: meeting and negotiating: legal actions: attorneys 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 organizations reasonable attorneys fees and expenses if notice was provided to the employer as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate April 05, 2017
Amended IN Senate April 05, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 550
Introduced by Senator PanFebruary 16, 2017
Introduced by Senator Pan
February 16, 2017
An act to amend Section 3543.8 of the Government Code, relating to public school employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 550, as amended, Pan. Public school employment: meeting and negotiating: legal actions: attorneys 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 organizations reasonable attorneys fees and expenses if notice was provided to the employer as specified.
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 organizations reasonable attorneys fees and expenses if notice was provided to the employer as specified.
## Digest Key
## 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 organizations reasonable attorneys 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.
The people of the State of California do enact as follows:
## 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 organizations reasonable attorneys 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.
SECTION 1. Section 3543.8 of the Government Code is amended to read:
### SECTION 1.
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 organizations reasonable attorneys 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.
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 organizations reasonable attorneys 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.
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 organizations reasonable attorneys 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.
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 organizations reasonable attorneys 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.