California Government Code

§ 3543.8

GOV § 3543.8 Effective Jan 1, 2018Div. 4 · Title 1 · Ch. 10.7 · Art. 4

Statute text

(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.

(b)(1) At any time not less than 10 days before commencement of a hearing to resolve a dispute alleging that the employer failed to provide wages, benefits, or working conditions required by state law, an employee organization may serve an offer in writing upon the employer to settle the dispute for a specified amount or other consideration such as a change in employer policy. The written offer shall include a statement of the offer amount or other consideration, the terms and conditions by which that amount or other consideration shall be tendered to the employee, and a provision that allows the employer to indicate acceptance of the offer by signing a statement that the offer is accepted. An acceptance of the offer, whether made on the document containing the offer or on a separate document of acceptance, shall be in writing and shall be signed by counsel for the employer, or, if not represented by counsel, by the employer.

(2)If the offer is accepted, receipt of the specified amount or other consideration shall constitute a full satisfaction of the claim.

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Legislative history

Amended by Stats. 2017, Ch. 812, Sec. 1. (SB 550) Effective January 1, 2018.