California 2015-2016 Regular Session Status: Enacted 1 D cosponsors

SB 1063 — Conditions of employment: wage differential: race or ethnicity.

Last action — Chaptered by Secretary of State. Chapter 866, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 16, 2016. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 10 sponsors

    1 primary, 9 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 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 specific, reasonably applied factors account for the entire wage differential. Existing law authorizes an employee paid lesser wages in violation of this prohibition 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 also prohibit 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, as specified above. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes in Section 1197.5 of the Labor Code proposed by AB 1676 that would become operative only if AB 1676 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. 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

Action History

  1. Chaptered by Secretary of State. Chapter 866, Statutes of 2016.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 26. Noes 13. Page 5403.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 60. Noes 14. Page 6083.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Action rescinded whereby the bill was read a third time, amended and ordered to third reading.

  10. Ordered to third reading.

  11. Read third time and amended.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 14. Noes 5.) (August 11).

  14. June 29 set for first hearing. Placed on APPR. suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on APPR.

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

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 26. Noes 13. Page 4042.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 5. Noes 2. Page 4002.) (May 27).

  21. Set for hearing May 27.

  22. April 25 hearing: Placed on APPR. suspense file.

  23. (Corrected May 2).

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

  25. Set for hearing April 25.

  26. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 3520.) (April 13). Re-referred to Com. on APPR.

  27. Set for hearing April 13.

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

  29. From printer. May be acted upon on or after March 18.

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

Sponsors

  • Brown · Cosponsor
  • Mitchell · Cosponsor
  • Campos · Cosponsor
  • Mike A. Gipson · Cosponsor
  • Glazer · Cosponsor
  • Hall · Primary
  • Hueso · Cosponsor
  • McCarty · Cosponsor
  • Ridley-Thomas · Cosponsor
  • Roger Hernández · Cosponsor

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 112 not signed on · 9 voted No

Sponsors (1)

  • Hall

Co-sponsors (9)

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"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

Unfinished Business SB1063 Hall Concurrence

Passed 26 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241200
Democratic 2100
Total 261300
% of votes cast 67%33%0%0%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Hernandez — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Fuller — Nay
Glazer — Yea
Cannella — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Huff — Nay
Lara — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 1063 Hall Senate Third Reading By BURKE

Passed 60 Yea · 14 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 541006
Democratic 5000
Republican 1400
Total 601406
% of votes cast 75%18%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Linder — Not Voting
Maienschein — Yea
Mathis — Nay
Nazarian — Yea
Olsen — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Burke — Yea
Gatto — Yea
Gomez — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Gray — Yea
Lopez — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
O'Donnell — Yea
Rendon — Yea
Wilk — Yea
Chang — Not Voting
Atkins — Yea
Gordon — Yea
Chau — Yea
Harper — Nay
Chu — Yea
Kim — Not Voting
Daly — Not Voting
Baker — Yea
Bigelow — Nay
Levine — Yea
Mayes — Not Voting
Melendez — Nay
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Frazier — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Not Voting
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12301
Democratic 2000
Republican 0200
Total 14501
% of votes cast 70%25%0%5%
How each member voted (20)
Member Party Vote
Bloom — Yea
Wagner — Nay
Eggman — Yea
Chang — Not Voting
Bonilla — Yea
Holden — Yea
McCarty — Yea
Bigelow — Nay
Daly — Yea
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 26 Yea · 13 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241201
Democratic 2100
Total 261301
% of votes cast 65%33%0%3%
How each member voted (40)
Member Party Vote
Bates — Nay
Hertzberg — Yea
Hill — Yea
Huff — Nay
Lara — Yea
Morrell — Nay
Nielsen — Nay
Wolk — Yea
Fuller — Nay
Glazer — Yea
Cannella — Nay
Anderson — Nay
Beall — Yea
Block — Yea
Galgiani — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Runner — Not Voting
Vidak — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Nielsen — Nay
Bates — Nay
Beall — Yea
Mendoza — Yea
McGuire, Mike 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
Nielsen — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does SB 1063 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 specific, reasonably applied factors account for the entire wage differential. Existing law authorizes an employee paid lesser wages in violation of this prohibition 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 also prohibit 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, as specified above. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes in Section 1197.5 of the Labor Code proposed by AB 1676 that would become operative only if AB 1676 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. 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.
Who sponsors SB 1063?
SB 1063 is sponsored by Brown, Mitchell, Campos, Gipson, Mike A. (Democratic), Glazer, Hall, Hueso, McCarty, Ridley-Thomas, and Roger Hernández.
What is the current status of SB 1063?
This bill has been enacted into law. Introduced February 16, 2016. Enacted.
Where can I track SB 1063?
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