AB 2879: Service Member Employment Protection Act

• Prohibits employers from requiring service members to waive legal rights, remedies, or procedures under Section 394 of the Military and Veterans Code as a condition of employment, including the right to file civil actions or complaints with government agencies.

• Prohibits retaliation or discrimination against service members who refuse to waive their employment protection rights.

• Requires any waiver of Section 394 protections to be knowing, voluntary, in writing, and expressly not made as a condition of employment; deems waivers required as employment conditions involuntary and unenforceable.

• Places the burden of proof on any person seeking to enforce a waiver to demonstrate it was knowing, voluntary, and not a condition of employment.

• Applies to any waiver agreement entered into, altered, modified, renewed, or extended on or after January 1, 2017, including agreements requiring private arbitration.