Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1209Introduced by Assembly Member Gonzalez FletcherFebruary 17, 2017 An act to amend Section 218.6 of add Section 2810.7 to the Labor Code, relating to wages. LEGISLATIVE COUNSEL'S DIGESTAB 1209, as amended, Gonzalez Fletcher. Payment of wages. 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. Existing law requires a court, in any action brought for the nonpayment of wages, to award interest on all due and unpaid wages at a specified rate of interest, which shall accrue from the date that the wages were due and payable.This bill would make a technical, nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe 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.(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.SECTION 1.Section 218.6 of the Labor Code is amended to read:218.6.In any action brought for the nonpayment of wages, the court shall award interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the wages were due and payable as provided in this part.
Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1209Introduced by Assembly Member Gonzalez FletcherFebruary 17, 2017 An act to amend Section 218.6 of add Section 2810.7 to the Labor Code, relating to wages. LEGISLATIVE COUNSEL'S DIGESTAB 1209, as amended, Gonzalez Fletcher. Payment of wages. 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. Existing law requires a court, in any action brought for the nonpayment of wages, to award interest on all due and unpaid wages at a specified rate of interest, which shall accrue from the date that the wages were due and payable.This bill would make a technical, nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 28, 2017
Amended IN Assembly March 28, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1209
Introduced by Assembly Member Gonzalez FletcherFebruary 17, 2017
Introduced by Assembly Member Gonzalez Fletcher
February 17, 2017
An act to amend Section 218.6 of add Section 2810.7 to the Labor Code, relating to wages.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1209, as amended, Gonzalez Fletcher. Payment of wages. 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. Existing law requires a court, in any action brought for the nonpayment of wages, to award interest on all due and unpaid wages at a specified rate of interest, which shall accrue from the date that the wages were due and payable.This bill would make a technical, nonsubstantive change to that provision.
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.
Existing law requires a court, in any action brought for the nonpayment of wages, to award interest on all due and unpaid wages at a specified rate of interest, which shall accrue from the date that the wages were due and payable.
This bill would make a technical, nonsubstantive change to that provision.
## Digest Key
## Bill Text
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.(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.SECTION 1.Section 218.6 of the Labor Code is amended to read:218.6.In any action brought for the nonpayment of wages, the court shall award interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the wages were due and payable as provided in this part.
The people of the State of California do enact as follows:
## 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.(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.
SECTION 1. Section 2810.7 is added to the Labor Code, to read:
### SECTION 1.
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.(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.
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.(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.
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.(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.
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.
(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.
In any action brought for the nonpayment of wages, the court shall award interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the wages were due and payable as provided in this part.