SB 358 — Conditions of employment: gender wage differential.

Summary

Existing law regulates the payment of compensation to employees by employers and prohibits an employer from conditioning employment on requiring an employee to refrain from disclosing the amount of his or her wages, signing a waiver of the right to disclose the amount of those wages, or discriminating against an employee for making such a disclosure. Existing law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Existing law establishes exceptions to that prohibition where the payment is made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any bona fide factor other than sex. Existing law makes it a misdemeanor for an employer or other person acting either individually or as an officer, agent, or employee of another person to pay or cause to be paid to any employee a wage less than the rate paid to an employee of the opposite sex as required by these provisions, or who reduces the wages of any employee in order to comply with these provisions. This bill would revise that prohibition to eliminate the requirement that the wage differential be within the same establishment, and instead would prohibit an employer from paying any of its employees at wage rates less than those paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, as specified. The bill would revise and recast the exceptions to require the employer to affirmatively demonstrate that a wage differential is based upon one or more specified factors, including a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a bona fide factor other than sex, as specified. The bill would also require the employer to demonstrate that each factor relied upon is applied reasonably, and that the one or more factors relied upon account for the entire differential. The bill would prohibit an employer from discharging, or in any manner discriminating or retaliating against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of these provisions. The bill would authorize an employee who has been discharged or discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in these provisions, to recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. The bill would prohibit an employer from prohibiting an employee from disclosing the employee's own wages, discussing the wages of others, inquiring about another employee's wages, or aiding or encouraging any other employee to exercise his or her rights under these provisions. The bill would also increase the duration of employer recordkeeping requirements from 2 years to 3 years. By changing the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/06/15 - Chaptered Current pdf October 06, 2015
• Enrolled 08/31/15 - Enrolled pdf August 31, 2015
• Amended 07/09/15 - Amended Assembly pdf July 09, 2015
• Amended 05/12/15 - Amended Senate pdf May 12, 2015
• Amended 05/05/15 - Amended Senate pdf May 05, 2015
• Amended 04/06/15 - Amended Senate pdf April 06, 2015
• Introduced 02/24/15 - Introduced pdf February 24, 2015
• SB358 View text html

Action History

1. October 06, 2015

   Chaptered by Secretary of State. Chapter 546, Statutes of 2015.

2. October 06, 2015

   Approved by the Governor.

3. September 01, 2015

   Enrolled and presented to the Governor at 4:30 p.m.

4. August 31, 2015

   Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2299.) Ordered to engrossing and enrolling.

5. August 31, 2015

   (Ayes 40. Noes 0. Page 2299.)

6. August 31, 2015

   Reconsideration granted.

7. August 31, 2015

   Motion to reconsider made by Senator Jackson.

8. August 31, 2015

   Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2270.) Ordered to engrossing and enrolling.

9. August 27, 2015

   In Senate. Concurrence in Assembly amendments pending.

10. August 27, 2015

    Read third time. Passed. (Ayes 76. Noes 2. Page 2631.) Ordered to the Senate.

11. August 20, 2015

    Read second time. Ordered to third reading.

12. August 19, 2015

    From committee: Do pass. (Ayes 17. Noes 0.) (August 19).

13. July 09, 2015

    Read second time and amended. Re-referred to Com. on APPR.

14. July 08, 2015

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 7).

15. June 25, 2015

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (June 24). Re-referred to Com. on JUD.

16. June 11, 2015

    Referred to Com. on L. & E.

17. May 26, 2015

    In Assembly. Read first time. Held at Desk.

18. May 26, 2015

    Read third time. Passed. (Ayes 38. Noes 0. Page 1098.) Ordered to the Assembly.

19. May 19, 2015

    Read second time. Ordered to third reading.

20. May 18, 2015

    From committee: Do pass. (Ayes 5. Noes 0. Page 1033.) (May 18).

21. May 12, 2015

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

22. May 08, 2015

    Set for hearing May 18.

23. May 05, 2015

    Read second time and amended. Re-referred to Com. on APPR.

24. May 04, 2015

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 819.) (April 28).

25. April 24, 2015

    Set for hearing April 28.

26. April 23, 2015

    Re-referred to Com. on JUD.

27. April 22, 2015

    From committee: Do pass and re-refer to Com. on RLS. (Ayes 4. Noes 0. Page 728.) (April 22). Re-referred to Com. on RLS.

28. April 06, 2015

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & I.R.

29. March 27, 2015

    Set for hearing April 22.

30. March 05, 2015

    Referred to Com. on L. & I.R.

31. February 25, 2015

    From printer. May be acted upon on or after March 27.

32. February 24, 2015

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Mitchell · Cosponsor
• Chávez · Cosponsor
• Chu · Cosponsor
• Dodd · Cosponsor
• Glazer · Cosponsor
• Roger Hernández · Cosponsor
• Eduardo Garcia · Cosponsor
• Hancock · Cosponsor
• Hall · Cosponsor
• Hernandez · Cosponsor
• Jackson · Primary
• Leno · Cosponsor
• Pavley · Cosponsor
• Rodriguez · Cosponsor
• Weber · Cosponsor
• Lena A. Gonzalez · Cosponsor
• Cristina Garcia · Cosponsor

Votes

Subjects