CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1385Introduced by Assembly Member Lorena GonzalezFebruary 19, 2021 An act to amend Section 2870 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 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 employees rights to an invention developed on the employees own time and without using the employers facilities, equipment, or trade secrets. This bill would make nonsubstantive changes to this provision.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 2870 of the Labor Code is amended to read:2870. (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 employers 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 employers 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.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1385Introduced by Assembly Member Lorena GonzalezFebruary 19, 2021 An act to amend Section 2870 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 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 employees rights to an invention developed on the employees own time and without using the employers facilities, equipment, or trade secrets. This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1385
Introduced by Assembly Member Lorena GonzalezFebruary 19, 2021
Introduced by Assembly Member Lorena Gonzalez
February 19, 2021
An act to amend Section 2870 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
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 employees rights to an invention developed on the employees own time and without using the employers facilities, equipment, or trade secrets. This bill would make nonsubstantive changes to this provision.
Existing law, with specified exceptions, prohibits an employer from requiring an employee to sign an employment agreement that assigns to the employer the employees rights to an invention developed on the employees own time and without using the employers facilities, equipment, or trade secrets.
This bill would make nonsubstantive changes to this provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2870 of the Labor Code is amended to read:2870. (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 employers 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 employers 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.
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 2870 of the Labor Code is amended to read:2870. (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 employers 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 employers 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.
SECTION 1. Section 2870 of the Labor Code is amended to read:
### SECTION 1.
2870. (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 employers 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 employers 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.
2870. (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 employers 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 employers 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.
2870. (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 employers 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 employers 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.
2870. (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 employers 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 employers 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.