Today's Law As Amended

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AB-1209 Employers: gender pay differentials.(2017-2018)



SECTION 1.

 Section 2810.6 is added to the Labor Code, to read:

2810.6.
 (a) An employer that is required to file a statement of information with the Secretary of State and that has 500 or more employees in California shall do the following:
(1) Beginning on July 1, 2019, and biennially thereafter, collect the following information on gender wage differentials. For purposes of this paragraph, “exempt” means not subject to overtime requirements as an administrative, executive, or professional employee.
(A) The difference between the mean wages of male exempt employees and female exempt employees located in California, by each job classification or title.
(B) The difference between the median wages of male exempt employees and female exempt employees located in California, by each job classification or title.
(C) The difference between the mean wages of male board members and female board members located in California.
(D) The difference between the median wages of male board members and female board members located in California.
(E) The number of employees used for the determination of subparagraphs (A) and (B).
(2) (A) In a manner and form provided by the Secretary of State, submit the information collected and updated pursuant to paragraph (1) to the Secretary of State, beginning July 1, 2020, and biennially thereafter.
(B) (i) The employer shall categorize the information submitted consistently with Section 1197.5.
(ii) A gender wage differential in the information provided under this section is not, in itself, a violation of Section 1197.5. This section does not limit, in any way, the ability to demonstrate the basis of a wage differential for purposes of Section 1197.5.
(b) The Secretary of State, upon receiving the necessary funding appropriation from the Legislature and upon establishing adequate mechanisms and procedures, shall publish the information collected in paragraph (1) of subdivision (a) on an Internet Web site available to the public.