Skip to main content

One to Keep An Eye On: SB 973 (California)

 

As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


The California Legislature is actively working on a piece of legislation, Senate Bill 973, that would require private employers in the state with 100 or more employees to submit an annual report to the Department of Fair Employment and Housing with salary and wage information for specific job categories as well as provide a breakdown of the workers’ race, ethnicity, and sex.

Supporters of SB 973 argue that its passage is necessary to allow for state agencies to more efficiently identify patterns of “wage disparities and occupational segregation, and allow for targeted enforcement of California’s equal pay laws.”  On the other hand, critics of SB 973 suggest that requiring these annual reports is improper as simply relying upon W-2 earnings may identify a pay disparity when none actually exists.  The argument follows that over the course of a worker’s career, their pay rate could be increasingly influenced by their educational experience, previous jobs, job performance, and geographic location.  As a result, pay disparities could exist which had nothing to do with discrimination.

Should the legislation, as written, be passed, this mandate would go into effect on or before March 31, 2021.  As of this writing, the legislation appears to have sufficient support to make it to Governor Gavin Newsom’s desk for signature.  Stay tuned.

For a copy of the legislation:  https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB973

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum, it was noted that emplo
Post a Comment
Read more

What I’ve Been Reading This Week

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa
Post a Comment
Read more

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per
Post a Comment
Read more