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

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Date Published: 07/13/2017 09:00 PM
AB1209:v95#DOCUMENT

Amended  IN  Senate  July 13, 2017
Amended  IN  Senate  July 05, 2017
Amended  IN  Assembly  May 30, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1209


Introduced by Assembly Member Gonzalez Fletcher
(Coauthors: Assembly Members Bonta, Eggman, Cristina Garcia, Gomez, Jones-Sawyer, Kalra, McCarty, Santiago, Mark Stone, Thurmond, and Weber)

February 17, 2017


An act to add Section 2810.7 to the Labor Code, relating to wages.


LEGISLATIVE COUNSEL'S DIGEST


AB 1209, as amended, Gonzalez Fletcher. Employers: gender pay differentials.
Existing law requires a corporation, limited liability company, or common interest development, among others, to file a statement of information with the Secretary of State, providing specified information about the entity. Existing law regulates the terms and conditions of employment, including the payment of wages. Existing law generally prohibits an employer from paying any of its employees at rates less than the rates paid to employees of the opposite sex for substantially similar work, as specified.
This bill would require, on and after July 1, 2019, and annually thereafter, that an employer that is required to file a statement of information with the Secretary of State and that has 500 or more employees to in California collect specified information on gender pay differentials. The bill would require the employer to submit the information annually to the Secretary of State as specified. The bill would require the Secretary of State to publish the information described above on an Internet Web site available to the public upon the occurrence of 2 specified events. receiving necessary funding and establishing adequate mechanisms and procedures.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2810.7 is added to the Labor Code, to read:

2810.7.
 (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 annually thereafter, collect the following information on gender pay 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 salary of male exempt employees and female exempt employees, by each job classification or title.
(B) The difference between the median salary of male exempt employees and female exempt employees, by each job classification or title.
(C) The difference between the mean compensation of male board members and female board members.
(D) The difference between the median compensation of male board members and female board members.
(E) The number of employees used for the determination of subparagraphs (A) and (B).
(2) (A) Submit the information collected and updated pursuant to paragraph (1) to the Secretary of State, beginning July 1, 2020, and annually thereafter.
(B) The employer shall categorize the information submitted shall be categorized consistent consistently with Section 1197.5.
(b) The Secretary of State, upon receiving the necessary funding appropriation from the Legislature and upon the Secretary of State’s certification of establishing adequate mechanisms in place, and procedures, shall publish the information collected in paragraph (1) of subdivision (a) on an Internet Web site available to the public.