CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1077Introduced by Assembly Member CalderonFebruary 18, 2021 An act to amend Section 2872 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1077, as introduced, Calderon. Inventions by employees.Existing law provides that an invention developed on an employees own time belongs to the employee and not the employer. An employer is required to give notice, as specified, to an employee if the employment contract contains a requirement that inventions by an employee be assigned to the employer. This bill would make nonsubstantive changes to these notice provisions.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 2872 of the Labor Code is amended to read:2872. If an employment agreement entered into after January 1, 1980, contains a provision requiring the employee to assign or offer to assign any of his or her their rights in any invention to his or her their employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention which qualifies fully under the provisions of Section 2870. In any suit or action arising thereunder, the burden of proof shall be on the employee claiming the benefits of its provisions.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1077Introduced by Assembly Member CalderonFebruary 18, 2021 An act to amend Section 2872 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1077, as introduced, Calderon. Inventions by employees.Existing law provides that an invention developed on an employees own time belongs to the employee and not the employer. An employer is required to give notice, as specified, to an employee if the employment contract contains a requirement that inventions by an employee be assigned to the employer. This bill would make nonsubstantive changes to these notice provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1077
Introduced by Assembly Member CalderonFebruary 18, 2021
Introduced by Assembly Member Calderon
February 18, 2021
An act to amend Section 2872 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1077, as introduced, Calderon. Inventions by employees.
Existing law provides that an invention developed on an employees own time belongs to the employee and not the employer. An employer is required to give notice, as specified, to an employee if the employment contract contains a requirement that inventions by an employee be assigned to the employer. This bill would make nonsubstantive changes to these notice provisions.
Existing law provides that an invention developed on an employees own time belongs to the employee and not the employer. An employer is required to give notice, as specified, to an employee if the employment contract contains a requirement that inventions by an employee be assigned to the employer.
This bill would make nonsubstantive changes to these notice provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2872 of the Labor Code is amended to read:2872. If an employment agreement entered into after January 1, 1980, contains a provision requiring the employee to assign or offer to assign any of his or her their rights in any invention to his or her their employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention which qualifies fully under the provisions of Section 2870. In any suit or action arising thereunder, the burden of proof shall be on the employee claiming the benefits of its provisions.
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 2872 of the Labor Code is amended to read:2872. If an employment agreement entered into after January 1, 1980, contains a provision requiring the employee to assign or offer to assign any of his or her their rights in any invention to his or her their employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention which qualifies fully under the provisions of Section 2870. In any suit or action arising thereunder, the burden of proof shall be on the employee claiming the benefits of its provisions.
SECTION 1. Section 2872 of the Labor Code is amended to read:
### SECTION 1.
2872. If an employment agreement entered into after January 1, 1980, contains a provision requiring the employee to assign or offer to assign any of his or her their rights in any invention to his or her their employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention which qualifies fully under the provisions of Section 2870. In any suit or action arising thereunder, the burden of proof shall be on the employee claiming the benefits of its provisions.
2872. If an employment agreement entered into after January 1, 1980, contains a provision requiring the employee to assign or offer to assign any of his or her their rights in any invention to his or her their employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention which qualifies fully under the provisions of Section 2870. In any suit or action arising thereunder, the burden of proof shall be on the employee claiming the benefits of its provisions.
2872. If an employment agreement entered into after January 1, 1980, contains a provision requiring the employee to assign or offer to assign any of his or her their rights in any invention to his or her their employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention which qualifies fully under the provisions of Section 2870. In any suit or action arising thereunder, the burden of proof shall be on the employee claiming the benefits of its provisions.
2872. If an employment agreement entered into after January 1, 1980, contains a provision requiring the employee to assign or offer to assign any of his or her their rights in any invention to his or her their employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention which qualifies fully under the provisions of Section 2870. In any suit or action arising thereunder, the burden of proof shall be on the employee claiming the benefits of its provisions.