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---
type: "Bill"
title: "Employment contract requirements."
description: "Existing statutory law, which has been held invalid by existing case law, requires an employer who has no permanent and fixed place of business in the state and who enters into a contract of employment involving commissions as a method of payment with an employee for services to be rendered within the state to put the contract in writing and to set forth the method by which the commissions are required to be computed and paid. An employer who does not comply with those requirements is liable to the employee in a civil action for triple damages."
jurisdiction: "us/states/ca"
legislature: "California Legislature"
session: "20112012"
identifier: "AB 1396"
citation: "California AB 1396 (20112012)"
classification: ["bill"]
subjects: ["Employment contract requirements."]
status: "enacted"
primary_sponsors: ["Committee on Labor and Employment"]
version_count: 5
action_count: 18
vote_count: 5
first_action: "2011-02-28"
last_action: "2011-10-07"
source: "openstates"
source_identifier: "ocd-bill/1e0b557f-cb1b-401f-bc90-1519e8689e96"
source_url: "http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB1396"
source_hash: "dda4cb2d5f6c308fb6877cf50c75ed14f1f71ff985744a01d857079134d42fa5"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-ca"]
---
# California AB 1396 (20112012) — Employment contract requirements.
Existing statutory law, which has been held invalid by existing case law, requires an employer who has no permanent and fixed place of business in the state and who enters into a contract of employment involving commissions as a method of payment with an employee for services to be rendered within the state to put the contract in writing and to set forth the method by which the commissions are required to be computed and paid. An employer who does not comply with those requirements is liable to the employee in a civil action for triple damages.
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **02/28/11 - Introduced** (filed) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201120120AB1396&version=20110AB139699INT)
2. **05/26/11 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201120120AB1396&version=20110AB139698AMD)
3. **10/07/11 - Chaptered** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201120120AB1396&version=20110AB139696CHP)
4. **AB1396** (committee substitute) — [source](http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB1396)
5. **08/31/11 - Enrolled** (enrolled) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201120120AB1396&version=20110AB139697ENR)
## Votes
- Do pass. — **51** (pass) · lower
- Do pass. — **41** (pass) · upper
- AB 1396 L. & E. Assembly Third Reading By SWANSON — **5128** (pass) · lower
- Do pass, but re-refer to the Committee on Judiciary. — **51** (pass) · upper
- 3rd Reading AB1396 Committee on L. & E. (Swanson) By Leno — **2512** (pass) · upper
## Sponsors
- Committee on Labor and Employment — primary (person)
## Timeline
The legislative action history — every referral, reading, and vote.
- **2011-02-28** Read first time. To print. `reading-1`
- **2011-03-01** From printer. May be heard in committee March 31.
- **2011-03-21** Referred to Com. on L. & E. `referral-committee`
- **2011-04-13** In committee: Hearing postponed by committee.
- **2011-05-05** From committee: Do pass. (Ayes 5. Noes 1.) (May 4). `committee-passage, committee-passage-favorable`
- **2011-05-09** Read second time. Ordered to third reading. `reading-2, reading-1`
- **2011-05-26** Read third time and amended. Ordered to third reading. (Page 1552.) `reading-3, reading-1, amendment-passage`
- **2011-05-31** Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 28. Page 1632.) `reading-3, reading-1, passage`
- **2011-05-31** In Senate. Read first time. To Com. on RLS. for assignment. `reading-1`
- **2011-06-08** Referred to Coms. on L. & I.R. and JUD. `referral-committee`
- **2011-06-23** From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on JUD. `referral-committee, committee-passage, committee-passage-favorable`
- **2011-07-06** From committee: Do pass. (Ayes 4. Noes 1.) (July 5). `committee-passage, committee-passage-favorable`
- **2011-07-07** Read second time. Ordered to third reading. `reading-2, reading-1`
- **2011-08-29** Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 12. Page 2076.). `reading-3, reading-1, passage`
- **2011-08-29** In Assembly. Ordered to Engrossing and Enrolling. `committee-passage`
- **2011-09-01** Enrolled and presented to the Governor at 3:30 p.m.
- **2011-10-07** Approved by the Governor. `executive-signature`
- **2011-10-07** Chaptered by Secretary of State - Chapter 556, Statutes of 2011.
## Source
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/1e0b557f-cb1b-401f-bc90-1519e8689e96`. Confidence: reported (aggregated from official California legislature records).