Labor Code Section 2870

Compiled October, 2023

Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill):

Added: 1979, c. 1001, which read as follows:
Any provision in an employment agreement which provides that an employee shall assign or offer to assign any of his or her rights in an invention to his or her employer shall not apply to an invention for which no equipment, supplies, facility, or trade secret information of the employer was used and which was developed entirely on the employee’s own time, and (a) which does not relate (1) to the business of the employer or (2) to the employer’s actual or demonstrably anticipated research or development, or (b) which does not result from any work performed by the employee for the employer. Any provision which purports to apply to such an invention is to that extent against the public policy of this state and is to that extent void and unenforceable
Amended:
•  1986, c. 346 – to substitute the current language for the former language noted above
•  1991, c. 647 – to substitute “; or” for the period at the end of subdivision (a)(1)

Three bills affected this section.

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