Employers: wage discrimination.
If passed, AB1388 would reinforce existing protections against wage discrimination based on sex and ethnicity. It establishes clear guidelines that employers must follow to justify wage differentials, ensuring that any disparities must be accounted for by specific, verifiable factors such as seniority or merit. This would enhance the enforcement mechanisms for employees who believe they have been subject to wage discrimination, offering them clear steps to seek redress through the Division of Labor Standards Enforcement.
Assembly Bill No. 1388, introduced by Assembly Member Chen on February 17, 2017, aims to amend Section 1197.5 of the California Labor Code which deals explicitly with wage discrimination. The existing law prohibits employers from paying employees at lesser wage rates based on gender or race when they perform substantially similar work. AB1388 proposes a nonsubstantive change within these provisions but reaffirms the importance of equitable pay in California's labor frameworks.
The significant point of contention surrounding AB1388 centers on how effectively it addresses systemic issues of wage disparity in California. While proponents argue that maintaining strong restrictions on wage discrimination is a step towards equality in the workplace, critics may contend that the bill's nonsubstantive nature fails to introduce new protections or improvements to current laws. Stakeholders may debate whether additional or more rigorous measures are needed to achieve true pay equity in a state known for its diverse workforce.