Fong proposes bill to invalidate all laws negotiated with NDAs

Fong is taking aim at the new fast food minimum wage law, which reportedly was negotiated with NDAs.

In the wake of the Panera Bread story over the past couple of weeks, Asm. Vince Fong (R–Bakersfield) is introducing a bill to invalidate any legislation that involves non-disclosure agreements. 

KCRA first reported the news on Friday. 


The backstory: KCRA reported earlier this week that the Service Employees International Union required other groups in negotiations over California’s new $20 per hour minimum wage fast food law to sign NDAs. 

  • Negotiators included McDonald’s, YUM! Brands, the International Franchise Association and the National Restaurant Association. 
  • California Gov. Gavin Newsom’s office said he did not sign an NDA and did not request any other group to sign one. 

The big picture: Fong is amending Assembly Bill 2654, which he introduced in February, to include the new language to invalidate laws that were negotiated with NDAs. 

  • AB 2654 currently makes a non-substantive change to the State Contract Act. 
  • It is being amended to also prohibit public employees from signing NDAs when negotiating proposed laws. 

What they’re saying: “Transparency in government is the foundation of our democracy,” Fong said. “It builds trust and confidence in elected and government officials. Public officials, paid by taxpayers, are trusted to carry out the people’s business in a fair and equitable manner.”

  • Fong added that legislation negotiated with NDAs to intentionally hide the truth from the public must be unlawful and that taxpayers deserve more transparency. 
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