BILL NUMBER: SB 1246	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Murray
   (Coauthors:  Senators Chesbro and Karnette)
   (Coauthors: Assembly Members Alquist, Washington, and Wright)

                        JANUARY 7, 2002

   An act to amend Section 2855 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1246, as introduced, Murray.  Employment: personal service
contracts.
   Existing law provides that, except as specified, a contract to
render personal service may not be enforced against an employee
beyond 7 years from the commencement of service under the contract.
However, an employee who is a party to a contract to render personal
services in the production of specified phonorecords may not invoke
this provision without first giving written notice to the employer,
as specified, that the employee will no longer render service under
the contract by reason of the above provision.  Existing law also
specifies the rights of the parties to recover damages for certain
breaches of contracts related to the production of phonorecords.
   This bill would delete the provisions relating to personal
services in the production of phonorecords and the recovery of
damages for certain breaches of contracts related to the production
of phonorecords.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2855 of the Labor Code is amended to read:
   2855.   (a) Except as otherwise provided in subdivision
(b), a   A  contract to render personal service,
other than a contract of apprenticeship as provided in Chapter 4
(commencing with Section 3070), may not be enforced against the
employee beyond seven years from the commencement of service under
it.  Any contract, otherwise valid, to perform or render service of a
special, unique, unusual, extraordinary, or intellectual character,
which gives it peculiar value and the loss of which can not be
reasonably or adequately compensated in damages in an action at law,
may nevertheless be enforced against the person contracting to render
the service, for a term not to exceed seven years from the
commencement of service under it.  If the employee voluntarily
continues to serve under it beyond that time, the contract may be
referred to as affording a presumptive measure of the compensation.

   (b) Notwithstanding subdivision (a):
   (1) Any employee who is a party to a contract to render personal
service in the production of phonorecords in which sounds are first
fixed, as defined in Section 101 of Title 17 of the United States
Code, may not invoke the provisions of subdivision (a) without first
giving written notice to the employer in accordance with Section 1020
of the Code of Civil Procedure, specifying that the employee from
and after a future date certain specified in the notice will no
longer render service under the contract by reason of subdivision
(a).
   (2) Any party to such a contract shall have the right to recover
damages for a breach of the contract occurring during its term in an
action commmenced during or after its term, but within the applicable
period prescribed by law.
   (3) In the event a party to such a contract is, or could
contractually be, required to render personal service in the
production of a specified quantity of the phonorecords and fails to
render all of the required service prior to the date specified in the
notice provided in paragraph (1), the party damaged by the failure
shall have the right to recover damages for each phonorecord as to
which that party has failed to render service in an action which,
notwithstanding paragraph (2), shall be commenced within 45 days
after the date specified in the notice. 
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