Today's Law As Amended

PDF |Add To My Favorites | print page

SB-1284 Employers: annual report: pay data.(2017-2018)

As Amends the Law Today

 The Legislature finds and declares all of the following:
(a) Despite significant progress made in California in recent years to strengthen California’s equal pay laws, the gender pay gap persists, resulting in billions of dollars in lost wages for women each year in California.
(b) Pay discrimination is not just a women’s issue, but also harms families and the state’s economy. In California, in 2016, women working full time, year round made a median 88 cents to every dollar earned by men, and for women of color, that gap is far worse.
(c) Although there are legitimate and lawful reasons for paying some employees more than others, pay discrimination continues to exist, is often “hidden from sight,” and can be the result of unconscious biases or historic inequities.
(d) Recognizing that pay discrimination is difficult to detect and address, the Obama Administration announced a proposed revision to the Employer Information Report (EEO-1) to include the reporting of pay data by gender, race and ethnicity beginning in 2018. However, in August 2017, the Trump Administration put a halt to the implementation of this new rule.
(e) It is the intent of the Legislature, in enacting this bill, to ensure that this pay data will continue to be compiled and aggregated in California.
(f) Further, it is the intent of the Legislature in enacting this bill for data collection purposes to allow for the designated state agencies to collect wage data to more efficiently identify wage patterns and allow for targeted enforcement of equal pay or discrimination laws, when appropriate. Therefore, it is the intent of the Legislature that this pay data will be kept confidential and not available for disclosure, except as necessary for administrative enforcement or through the normal rules of discovery in a civil action.

SEC. 2.

 Chapter 10 (commencing with Section 12999) is added to Part 2.8 of Division 3 of Title 2 of the Government Code, to read:

CHAPTER  10. Annual Pay Data Report
 (a) On or before September 30, 2019, and on or before September 30 each year thereafter, a private employer that has 100 or more employees and who is required to file an annual Employer Information Report (EEO-1) pursuant to federal law shall submit a pay data report to the department.
(b) The pay data report shall include the following information:
(1) The number of employees by race, ethnicity, and sex in each of the following job categories:
(A) Executive or senior level officials and managers.
(B) First or mid-level officials and managers.
(C) Professionals.
(D) Technicians.
(E) Sales workers.
(F) Administrative support workers.
(G) Craft workers.
(H) Operatives.
(I) Laborers and helpers.
(J) Service workers.
(2) The number of employees by race, ethnicity, and sex, whose annual earnings fall within each of the pay bands used by the United States Bureau of Labor Statistics in the Occupational Employment Statistics survey. For purposes of establishing these numbers, an employer shall use each employee’s total earnings as shown on the Internal Revenue Service Form W-2 for a 12-month period looking back from any pay period between July 1 and September 30 of each calendar year. Employers shall tabulate and report the number of employees whose W-2 earnings for the prior 12 months fell within each pay band.
(c) For part-time and partial-year employment, the employer shall include the total number of hours worked by each employee counted in each pay band over the last 12 months.
(d) For employers with multiple establishments, the employer shall submit a report for each establishment and a consolidated report that includes all employees.
(e) The report shall include a section for employers to provide clarifying remarks regarding any of the information provided. An employer is not required to provide clarifying remarks.
(f) If an employer is required to file an Employer Information Report, otherwise known as the EEO-1 Report, with the United States Equal Employment Opportunity Commission or other federal agency that includes the same or substantially similar pay data information required under this section, the employer may satisfy compliance with this section by submitting the Employer Information Report to the department.
(g) If the department does not receive the required report from an employer, the department may seek an order requiring the employer to comply with these requirements and shall be entitled to recover the costs associated with seeking the order for compliance.
(h) For purposes of this section, both of the following definitions shall apply:
(1) “Employee” means an individual on an employer’s payroll, including a part-time individual, for whom the employer is required to withhold federal social security taxes from that individual’s wages.
(2) “Establishment” means an economic unit producing goods or services.
(i) It shall be unlawful for any officer or employee of the Department of Fair Employment and Housing to make public in any manner whatever any individually identifiable information obtained pursuant to their authority under this section prior to the institution of investigation or enforcement proceeding by the department under Section 1197.5 of the Labor Code or Section 12940 of this code involving such information, and only to the extent necessary for purposes of the enforcement proceeding. For the purposes of this subdivision, “individually identifiable information” includes data that is associated with a specific person or business.
(j) Any information disclosed to the department pursuant to this section shall be considered confidential information and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).
(k) Notwithstanding subdivision (i), the department may develop and publicize aggregate reports based on the data obtained pursuant to their authority under this section, provided that the aggregate reports are reasonably calculated to prevent the association of any data with any individual business or person.
(l) The department shall maintain pay data reports for not less than 10 years.
SEC. 3.
 The Legislature finds and declares that Section 2 of this act, which adds Section 12999 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
To maintain the privacy of individuals who are the subject of sensitive information, that employers are required to report, regarding compensation and hours worked, sorted by gender, race, ethnicity, and job category in order to measure progress and further the state’s goal of achieving equal pay for women and people of color.