California 2017-2018 Regular Session Status: Enacted

AB 46 — Employers: wage discrimination.

Last action — Chaptered by Secretary of State - Chapter 776, Statutes of 2017.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 05, 2016. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, unless the employer demonstrates that one or more specific factors, reasonably applied, account for the entire wage differential. Existing law also similarly prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work. Existing law authorizes an employee paid lesser wages in violation of these prohibitions to file a complaint with the Division of Labor Standards Enforcement, and authorizes the employee, the division, or the Department of Industrial Relations to commence a civil action for the wages the employee was deprived of because of the violation, interest on those wages, and liquidated damages. Under existing law, an employer or other person who violates or causes a violation of that prohibition, or who reduces the wages of any employee in order to comply with that prohibition, is guilty of a misdemeanor. This bill would define "employer" for those purposes to include public and private employers. The bill would specify that a public employer is not subject to the misdemeanor provision.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 776, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2906.).

  6. Ordered to special consent calendar.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (September 1).

  9. In committee: Referred to APPR. suspense file.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 11). Re-referred to Com. on APPR.

  11. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 26). Re-referred to Com. on JUD.

  12. Referred to Coms. on P.E. & R. and JUD.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 2. Page 1789.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 15. Noes 0.) (May 10).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 19). Re-referred to Com. on APPR.

  18. Referred to Com. on L. & E.

  19. From printer. May be heard in committee January 5.

  20. Read first time. To print.

Sponsors

  • Gonzalez Fletcher · Cosponsor
  • Cooper · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Cooper

Co-sponsors (1)

  • Gonzalez Fletcher

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Special Consent Calendar # AB46

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Dodd — Yea
Galgiani — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
De León — Yea
Glazer — Yea
Mitchell — Yea
Allen — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Newman — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Nielsen — Yea
Beall — Yea
Lara — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 46 do?
Existing law prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, unless the employer demonstrates that one or more specific factors, reasonably applied, account for the entire wage differential. Existing law also similarly prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work. Existing law authorizes an employee paid lesser wages in violation of these prohibitions to file a complaint with the Division of Labor Standards Enforcement, and authorizes the employee, the division, or the Department of Industrial Relations to commence a civil action for the wages the employee was deprived of because of the violation, interest on those wages, and liquidated damages. Under existing law, an employer or other person who violates or causes a violation of that prohibition, or who reduces the wages of any employee in order to comply with that prohibition, is guilty of a misdemeanor. This bill would define "employer" for those purposes to include public and private employers. The bill would specify that a public employer is not subject to the misdemeanor provision.
Who sponsors AB 46?
AB 46 is sponsored by Gonzalez Fletcher and Cooper.
What is the current status of AB 46?
This bill has been enacted into law. Introduced December 05, 2016. Enacted.
Where can I track AB 46?
Track AB 46 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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