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    AB-1109
    Labor & Employment

    Evidentiary privileges: union agent-represented worker privilege.

    Engrossed
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Establishes a new legal privilege protecting confidential communications between union agents and workers.
    • Allows union agents and workers to refuse disclosure of private communications in court proceedings.
    • Exempts privileged communications from protection when related to criminal acts or fraud.
    • Extends confidentiality protections to electronic communications between union agents and workers.

    Summary

    Assembly Member Kalra's legislation establishes a new evidentiary privilege protecting confidential communications between union agents and the workers they represent, adding these interactions to California's existing framework of protected relationships like attorney-client and physician-patient privileges.

    The bill creates a mutual right for union agents and represented workers to refuse disclosure of their confidential communications in court proceedings, administrative hearings, and arbitrations. This privilege extends to both current and former employees, allowing them to prevent others from revealing protected communications made during the union agent's representative capacity. The legislation defines "confidential communication" as information transmitted between the parties without disclosure to third parties, except those necessary to further the employee's interests or facilitate representation.

    Several exceptions limit the scope of this privilege. Union agents must disclose communications if ordered by a court or if they reasonably believe disclosure would prevent death or substantial bodily harm. The privilege does not apply to communications made to enable criminal or fraudulent acts, nor does it extend to criminal proceedings. Union agents may also reveal protected information when facing legal action in their representative capacity or with the represented worker's informed consent.

    The bill incorporates this new privilege into California's existing statutory framework governing privileged communications, including provisions for waiver through voluntary disclosure and presumptions of confidentiality. These amendments align union agent-worker communications with other protected professional relationships while maintaining consistent standards for how such privileges operate within the state's evidence code.

    Key Dates

    Next Step
    Referred to the Senate Standing Committee on Appropriations
    Next Step
    Senate Committee
    Referred to the Senate Standing Committee on Appropriations
    Hearing scheduled for , 1021 O Street, Room 2200
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1109 Kalra Assembly Third Reading
    Assembly Judiciary Hearing
    Assembly Committee
    Assembly Judiciary Hearing
    Do pass
    Introduced
    Assembly Floor
    Introduced
    Read first time. To print.

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Ash KalraD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    0 of 13 row(s) selected.
    Page 1 of 3
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Profile
    Ash KalraD
    Assemblymember
    Bill Author
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Profile
    Megan DahleR
    Senator
    Committee Member
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Profile
    Liz OrtegaD
    Assemblymember
    Bill Author
    Profile
    Pilar SchiavoD
    Assemblymember
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Profile
    Robert GarciaD
    Assemblymember
    Bill Author
    Profile
    Mark GonzalezD
    Assemblymember
    Bill Author
    Profile
    Chris RogersD
    Assemblymember
    Bill Author
    Profile
    Christopher CabaldonD
    Senator
    Committee Member
    Profile
    Laura RichardsonD
    Senator
    Committee Member

    Similar Past Legislation

    Bill NumberTitleIntroduced DateStatusLink to Bill
    Evidentiary privileges: union agent-represented worker privilege.
    February 2019
    Failed
    View Bill
    Evidentiary privileges: union agent-represented worker privilege.
    February 2018
    Failed
    View Bill
    Showing 2 of 2 items
    Page 1 of 1

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Ash Kalra
    Ash KalraD
    California State Assembly Member
    Co-Authors
    Pilar Schiavo
    Pilar SchiavoD
    California State Assembly Member
    Chris Rogers
    Chris RogersD
    California State Assembly Member
    Liz Ortega
    Liz OrtegaD
    California State Assembly Member
    Robert Garcia
    Robert GarciaD
    California State Assembly Member
    Mark Gonzalez
    Mark GonzalezD
    California State Assembly Member
    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (5/12/2025)

    Latest Voting History

    View History
    July 1, 2025
    PASS
    Senate Committee
    Senate Judiciary Hearing
    AyesNoesNVRTotalResult
    102113PASS

    Key Takeaways

    • Establishes a new legal privilege protecting confidential communications between union agents and workers.
    • Allows union agents and workers to refuse disclosure of private communications in court proceedings.
    • Exempts privileged communications from protection when related to criminal acts or fraud.
    • Extends confidentiality protections to electronic communications between union agents and workers.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Ash Kalra
    Ash KalraD
    California State Assembly Member
    Co-Authors
    Pilar Schiavo
    Pilar SchiavoD
    California State Assembly Member
    Chris Rogers
    Chris RogersD
    California State Assembly Member
    Liz Ortega
    Liz OrtegaD
    California State Assembly Member
    Robert Garcia
    Robert GarciaD
    California State Assembly Member
    Mark Gonzalez
    Mark GonzalezD
    California State Assembly Member

    Summary

    Assembly Member Kalra's legislation establishes a new evidentiary privilege protecting confidential communications between union agents and the workers they represent, adding these interactions to California's existing framework of protected relationships like attorney-client and physician-patient privileges.

    The bill creates a mutual right for union agents and represented workers to refuse disclosure of their confidential communications in court proceedings, administrative hearings, and arbitrations. This privilege extends to both current and former employees, allowing them to prevent others from revealing protected communications made during the union agent's representative capacity. The legislation defines "confidential communication" as information transmitted between the parties without disclosure to third parties, except those necessary to further the employee's interests or facilitate representation.

    Several exceptions limit the scope of this privilege. Union agents must disclose communications if ordered by a court or if they reasonably believe disclosure would prevent death or substantial bodily harm. The privilege does not apply to communications made to enable criminal or fraudulent acts, nor does it extend to criminal proceedings. Union agents may also reveal protected information when facing legal action in their representative capacity or with the represented worker's informed consent.

    The bill incorporates this new privilege into California's existing statutory framework governing privileged communications, including provisions for waiver through voluntary disclosure and presumptions of confidentiality. These amendments align union agent-worker communications with other protected professional relationships while maintaining consistent standards for how such privileges operate within the state's evidence code.

    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (5/12/2025)

    Key Dates

    Next Step
    Referred to the Senate Standing Committee on Appropriations
    Next Step
    Senate Committee
    Referred to the Senate Standing Committee on Appropriations
    Hearing scheduled for , 1021 O Street, Room 2200
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1109 Kalra Assembly Third Reading
    Assembly Judiciary Hearing
    Assembly Committee
    Assembly Judiciary Hearing
    Do pass
    Introduced
    Assembly Floor
    Introduced
    Read first time. To print.

    Latest Voting History

    View History
    July 1, 2025
    PASS
    Senate Committee
    Senate Judiciary Hearing
    AyesNoesNVRTotalResult
    102113PASS

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Ash KalraD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    0 of 13 row(s) selected.
    Page 1 of 3
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Profile
    Ash KalraD
    Assemblymember
    Bill Author
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Profile
    Megan DahleR
    Senator
    Committee Member
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Profile
    Liz OrtegaD
    Assemblymember
    Bill Author
    Profile
    Pilar SchiavoD
    Assemblymember
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Profile
    Robert GarciaD
    Assemblymember
    Bill Author
    Profile
    Mark GonzalezD
    Assemblymember
    Bill Author
    Profile
    Chris RogersD
    Assemblymember
    Bill Author
    Profile
    Christopher CabaldonD
    Senator
    Committee Member
    Profile
    Laura RichardsonD
    Senator
    Committee Member

    Similar Past Legislation

    Bill NumberTitleIntroduced DateStatusLink to Bill
    Evidentiary privileges: union agent-represented worker privilege.
    February 2019
    Failed
    View Bill
    Evidentiary privileges: union agent-represented worker privilege.
    February 2018
    Failed
    View Bill
    Showing 2 of 2 items
    Page 1 of 1