GOV/MIL California Governor Jerry Brown signs Fair Pay Act into law

Housecarl

On TB every waking moment
So how much pressure do you need to snap the neck of a "golden goose"?....

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http://www.sfgate.com/bayarea/article/Jerry-Brown-signs-nation-s-toughest-gender-6554023.php

Jerry Brown signs nation’s toughest gender pay-gap bill

By John Wildermuth
Updated 5:27 pm, Tuesday, October 6, 2015

A new California law, described as the toughest equal-pay measure in the nation, puts the state on the forefront of the women’s rights movement, supporters said Tuesday.

SB358, which passed the Legislature with near unanimous approval, bars employers from paying women less than men when they do “substantially similar work.”

“This is an occasion when we have come together, both (political) parties, men and women, to reach agreement on pay equity,” said Gov. Jerry Brown, who signed the bill at the Rosie the Riveter-WWII Home Front National Historical Park in Richmond.

The law, known as the Fair Pay Act, closes loopholes in existing antidiscrimination statutes that made it difficult for people to challenge their employers or prove that they were being paid at different rates due to gender. It makes it unlawful for employers to prohibit workers from discussing their own wages or the wages of co-workers — or inquiring about another worker’s wages — if the purpose is to determine pay fairness.

“You can’t challenge what you don’t know,” said State Sen. Hanna-Beth Jackson, D-Santa Barbara, who authored the bill, adding that the new law should be a template for other states who want to treat working women and their families fairly.

It also bars employers from retaliating against or discriminating against employees who seek out pay disparity information.

Women in California earn an average of 84 cents to every dollar a man earns, and the gap is wider for women of color, particularly Latinas, who make 44 cents to every dollar a white male counterpart makes, according to the legislation.

Brown noted that in 1982 during his first go-round as governor, he signed a bill for a study of “comparable worth” between male and female workers.

Change this important “doesn’t happen fast, but we’re getting this done,” he said.

Jackson noted that Brown first appointed her to the state Commission of the Status of Women in the late 1970s.

Asked how long it took her to build the bipartisan support for the bill, she had a quick answer: “Thirty-five years.”

The bill updates and expands state fair pay standards dating back to 1949 and updated most recently in 1985. The old rules, however, allowed employers to pay different salaries based on “any bona fide factor other than sex,” and only allowed pay comparisons at the “same establishment,” meaning someone working for the same company in a different town could be paid differently for the same job.

Jackson’s bill limits the exemptions to such things as a seniority system, a merit system or such measures as education, experience or training.

Lawsuits aren’t goal

While critics have complained that the law will open the way to a flood of new pay discrimination claims, Jackson said that’s not the purpose of the legislation.

“Our goal is not to end up with lots of lawsuits,” she said after the signing ceremony. “Our goal is to get employers to re-evaluate how they’re paying their employees.”

It was no accident that Brown signed the bill at the Rosie the Riveter park, which honors the millions of women who entered the workforce during World War II, replacing men who had gone off to war.

Jackson, wearing a pink blazer to mark the day, praised the many women who have worked so long for equal pay, arguing that women and their families leave $33 billion a year on the table by not seeking pay equity.

“This is a momentous day,” Jackson said. “This (law) makes for a stronger state and a stronger nation.”

Only 2 dissenting votes

Jackson pushed the bill through with a unanimous vote of the state Senate and only two dissenting votes in the Assembly. She even had the backing of the California Chamber of Commerce and the Bay Area Council, business-oriented groups that seldom make common cause with many of the bill’s other supporters, such as the California Labor Federation and the Consumer Attorneys of California.

“We went to the business community early and listened to their concerns,” Jackson said.

While the state Chamber of Commerce originally opposed the bill, the group backed the final version of the measure.

“Equal pay for equal work, regardless of gender, should not be an issue in California,” Allan Zaremberg, the chamber’s president and CEO, said in a statement. The new law provides “guidance to employers to determine appropriate wages for non-gender-related reasons that allow employers to effectively manage their workforce.”


John Wildermuth is a San Francisco Chronicle staff writer. E-mail: jwildermuth@sfchronicle.com Twitter: @jfwildermuth
 
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Housecarl

On TB every waking moment
For links see article source.....
Posted for fair use.....
http://www.managementtoday.co.uk/news/1367493/justify-gender-pay-gap-california-orders-firms/

By Adam Gale Wednesday, 07 October 2015

Justify the gender pay gap, California orders firms

Should companies have to prove why men are paid more than women for a similar job?

How do you close the gender pay gap? The British are trying wage transparency, the Scandinavians have their boardroom quotas and the Japanese are paying financial incentives to promote women to senior roles (well, they would if anyone was taking them up on it). Now the US state of California has come up with a new, distinctly American method: the threat of litigation.

State governor Jerry Brown signed the California Fair Pay Act into law yesterday, arguably giving America’s most populous state its most stringent wage equality laws. The act, which comes into force in the New Year, will force a company accused of wage discrimination to prove in court that there is a good reason other than the employee’s gender for discrepancies in pay.

The Fair Pay Act goes further than older rules ensuring men and women are paid the same to do the same job, by applying that principle to ‘substantially similar work’, the exact interpretation of which will become clear once the matter gets debated in the courts.

It will be interesting to see the impact of the new legislation on California’s 16% full-time gender pay gap. There are other factors, such as the relative deficit of women historically considered for promotion and the career impact of parental leave, that won’t be affected by the new law, after all.

Would such a litigious solution work here? It may have a positive effect on pay inequality, though many (one would hope most) employers would say they pay people fairly for what they do anyway.

On the other hand, few businesses (other than lawyers, of course) would welcome the prospect of having to fight scores of court battles to justify their remuneration policies, or having courts define the monetary value of different jobs for them.

They may not have a choice, of course. If such a law works in California, it could well end up being copied by legislators across the US and on this side of the pond, giving firms a good reason (if they needed another one) to clean up their acts before they find themselves in court.
 

West

Senior
Well, now a bunch of payroll liabilities just went up for most all small and large businesses in California. Bam, just like that. The government thinks that their coffers will go up too, being that the mandated government liabilities are based on overall payroll amounts. But Bam! just like that the majority of small-large businesses will simply just cut back, close up or move. While the unlicensed and undocumented businesses will expand, they don't pay payroll liabilities, and the few that do like the roofers, etc... only have one person on payroll but use dozens to get the jobs done.
 

OldArcher

Has No Life - Lives on TB
Yet another rendition of Dandy Don Drysdale's, "The Party's Over" has just wafted off into the polluted Kaliphornia air... Kilroy, beloved of US GI's, has scrawled upon countless walls in the formerly Golden State, "Last one out, turn out the lights..."

I'd say something about The Three Who headed for the Coast, but that would be blasphemy... Oh. What's already been done by us, Americans, to us, is blasphemy... Best get out of the way... The money, if not the companies, and those still "together" will be hitting the exits quickly- until Governor Moon Beam tries to confiscate what ain't his'in...

Kaliphornia, land of lost dreams...

OA
 
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