California Labor Code 1700.45 – Notwithstanding Section 1700.44, a provision in a contract providing …
Notwithstanding Section 1700.44, a provision in a contract providing for the decision by arbitration of any controversy under the contract or as to its existence, validity, construction, performance, nonperformance, breach, operation, continuance, or termination, shall be valid:
(a) If the provision is contained in a contract between a talent agency and a person for whom the talent agency under the contract undertakes to endeavor to secure employment, or
Terms Used In California Labor Code 1700.45
- Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
- person: means any individual, company, society, firm, partnership, association, corporation, limited liability company, manager, or their agents or employees. See California Labor Code 1700
(b) If the provision is inserted in the contract pursuant to any rule, regulation, or contract of a bona fide labor union regulating the relations of its members to a talent agency, and
(c) If the contract provides for reasonable notice to the Labor Commissioner of the time and place of all arbitration hearings, and
(d) If the contract provides that the Labor Commissioner or his or her authorized representative has the right to attend all arbitration hearings.
Except as otherwise provided in this section, any arbitration shall be governed by the provisions of Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure.
If there is an arbitration provision in a contract, the contract need not provide that the talent agency agrees to refer any controversy between the applicant and the talent agency regarding the terms of the contract to the Labor Commissioner for adjustment, and Section 1700.44 shall not apply to controversies pertaining to the contract.
A provision in a contract providing for the decision by arbitration of any controversy arising under this chapter which does not meet the requirements of this section is not made valid by Section 1281 of the Code of Civil Procedure.
(Amended by Stats. 1986, Ch. 488, Sec. 16.)