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

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Date Published: 05/30/2017 02:00 PM
AB1209:v97#DOCUMENT

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 an employer that is required to file a statement of information with the Secretary of State and that has 250 or more employees to collect specified information on gender pay differentials. The bill would require the employer to publish the information collected on an Internet Web site that is available to the public by July 1, 2020, and to submit it to the Secretary of State, subject to the occurrence of a specified contingency. The bill would require an employer to annually update, publish, and submit the information, as specified. The bill would require the Secretary of State to publish a certification on its Internet Web site that it is prepared to receive the information described above upon the occurrence of 2 specified events.
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 250 or more employees shall do the following:
(1) 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) Publish the information collected pursuant to paragraph (1) on or before July 1, 2020, on an Internet Web site that is available to the public.
(3) For each year after 2020, annually update the information in paragraph (1) and publish it on or before July 1, on an Internet Web site that is available to the public.
(4) Submit the information collected and updated pursuant to paragraph (1) or (3) to the Secretary of State, upon the publication of the certification described in subdivision (b).
(b) The Secretary of State shall publish a certification on its Internet Web site that it is prepared to receive the information collected pursuant to subdivision (a) upon the occurrence of both of the following:
(1) The Legislature has appropriated the funds necessary for the Secretary of State to receive and maintain the data.
(2) The Secretary of State has appropriate mechanisms in place for the data to be provided and received electronically.