Fong’s bill to invalidate all laws with NDAs published, referred to committee

The bill is in response to California’s new fast food minimum wage law, which was reportedly negotiated with NDAs.

The bill to invalidate any legislation that involves non-disclosure agreements was published on Thursday. 

Asm. Vince Fong (R–Bakersfield) announced last month that he would propose such a bill in response to a report that NDAs were used to negotiate California’s new fast food minimum wage law. 


The backstory: KCRA reported last month that the Service Employees International Union required other groups in negotiations over the $20 per hour minimum wage fast food law to sign NDAs. 

  • Negotiators included a number of fast food brands, operators and groups, including McDonald’s, YUM! Brands, the International Franchise Association and the National Restaurant Association. 
  • Gov. Gavin Newsom, who was under fire for connections to Panera Bread franchisee Greg Flynn, did not sign an NDA and did not request any group to sign one, according to his office. 

The big picture: Assembly Bill 2654, authored solely by Fong, would prohibit lobbyists and certain public officials and employees from entering into or requesting an NDA relating to legislation. 

  • AB 2654 would also make any NDA relating to legislation void and unenforceable. 
  • AB 2654 can be viewed here
  • The bill has been referred to the Assembly Governmental Organization Committee. 

What they’re saying: “Transparency in government is the foundation of our democracy,” Fong said last month. “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.”

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