Monique Limón
- Democratic
- Senator
- District 19
Existing law establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law requires a private employer that has 100 or more employees and is required to file an annual Employer Information Report (EEO-1) pursuant to federal law to submit a pay data report to the department that contains specified employee information on or before March 31, 2021, and on or before March 31 each year thereafter. Existing law prescribes the information that must be included in the pay data report, including the number of employees by race, ethnicity, and sex in specified job categories. Existing law requires employers with multiple establishments to submit a report for each establishment and a consolidated report that includes all employees. Existing law permits the department to develop, publish on an annual basis, and publicize aggregate reports, provided that the aggregate reports are reasonably calculated to prevent the association of any data with any individual business or person. Existing law provides that an employer is in compliance with the requirement that it submit a pay data report if it submits an EEO-1 to the department containing the same or substantially similar pay data information. Existing law permits the department to seek an order requiring an employer to comply with these provisions and permits it to recover the costs associated with seeking the order for compliance. This bill would, instead, require a private employer that has 100 or more employees to submit a pay data report to the department. This bill would revise the timeframe in which a private employer is required to submit this information to require that it be provided on or before the second Wednesday of May 2023, and for each year thereafter on or before the second Wednesday of May. This bill would also require a private employer that has 100 or more employees hired through labor contractors, as defined, to also submit a separate pay data report to the department for those employees in accordance with the above timeframe, as specified. This bill would require the pay data reports to include the median and mean hourly rate for each combination of race, ethnicity, and sex within each job category. This bill would delete a provision requiring employers with multiple establishments to submit a consolidated report. This bill would delete the provision authorizing an employer to submit an EEO-1 in lieu of a pay data report. This bill would permit a court to impose a civil penalty not to exceed one hundred dollars ($100) per employee upon any employer who fails to file the required report and not to exceed two hundred dollars ($200) per employee upon any employer for a subsequent failure to file the required report. The bill would require those penalties to be deposited in the Civil Rights Enforcement and Litigation Fund. Existing law creates the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations to enforce labor laws. Existing law requires an employer, upon reasonable request, to provide the pay scale for a position to an applicant applying for employment. Existing law defines pay scale for these purposes to mean salary or hourly wage range. This bill would also require an employer, upon request, to provide to an employee the pay scale for the position in which the employee is currently employed. The bill would require an employer with 15 or more employees to include the pay scale for a position in any job posting. The bill would require an employer to maintain records of a job title and wage rate history for each employee for a specified timeframe, to be open to inspection by the Labor Commissioner. The bill would create a rebuttable presumption in favor of an employee's claim if an employer fails to keep records in violation of these provisions. The bill would require an employer with 15 or more employees that engages a third party to announce, post, publish, or otherwise make known a job posting to provide the pay scale to the third party and would require the third party to include the pay scale in the job posting. The bill would require the Labor Commissioner to investigate complaints alleging violations of these requirements and would authorize the commissioner to order an employer to pay a civil penalty upon finding an employer has violated these provisions. The bill would also authorize a person aggrieved by a violation of these provisions to bring a civil action for injunctive and any other appropriate relief. This bill would require deposit of the civil penalties collected pursuant to these provisions into the Labor Enforcement and Compliance Fund, and would authorize these funds to be used, upon appropriation by the Legislature, for administration and enforcement of these provisions.
Chaptered by Secretary of State. Chapter 559, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Assembly amendments concurred in. (Ayes 31. Noes 9. Page 5280.) Ordered to engrossing and enrolling.
Read third time. Passed. Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 11).
August 3 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 22). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on L. & E. (Ayes 7. Noes 2.) (June 14). Re-referred to Com. on L. & E.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.
Re-referred to Coms. on JUD. and L. & E. pursuant to Assembly Rule 96.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 27. Noes 9. Page 3864.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3786.) (May 19).
Set for hearing May 19.
May 16 hearing: Placed on APPR suspense file.
Set for hearing May 16.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 3514.) (April 26).
Set for hearing April 26.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 3309.) (April 4). Re-referred to Com. on JUD.
Set for hearing April 4.
Referred to Coms. on L., P.E. & R. and JUD.
From printer.
Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Bill Text Versions | Format |
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SB1162 | HTML |
02/17/22 - Introduced | |
05/02/22 - Amended Senate | |
05/19/22 - Amended Senate | |
06/14/22 - Amended Assembly | |
08/15/22 - Amended Assembly | |
08/24/22 - Amended Assembly | |
09/01/22 - Enrolled | |
09/27/22 - Chaptered |
Document | Format |
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03/31/22- Senate Committee on Labor, Public Employment and Retirement | |
04/01/22- Senate Committee on Labor, Public Employment and Retirement | |
04/25/22- Senate Judiciary | |
05/13/22- Senate Appropriations | |
05/19/22- Senate Appropriations | |
05/23/22- Sen. Floor Analyses | |
06/10/22- Assembly Judiciary | |
06/20/22- Assembly Labor and Employment | |
08/01/22- Assembly Appropriations | |
08/17/22- ASSEMBLY FLOOR ANALYSIS | |
08/24/22- ASSEMBLY FLOOR ANALYSIS | |
08/29/22- Sen. Floor Analyses |
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