SB 973

  • California Senate Bill
  • 2019-2020 Regular Session
  • Introduced in Senate Feb 11, 2020
  • Passed Senate Jun 25, 2020
  • Passed Assembly Aug 26, 2020
  • Signed by Governor Sep 30, 2020

Employers: annual report: pay data.

Abstract

Existing law establishes the Department of Fair Employment and Housing (DFEH) 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. The DFEH has specified powers, including the power to receive, investigate, conciliate, mediate, and prosecute certain complaints. Existing law establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement, which is vested with the general duty of enforcing various labor laws, including provisions prohibiting wage rates that discriminate on the basis of gender or race. This bill would authorize the DFEH to receive, investigate, conciliate, mediate, and prosecute complaints alleging practices unlawful under those discriminatory wage rate provisions. The bill would require the DFEH, in coordination with the division, to adopt procedures to ensure that the departments coordinate activities to enforce those provisions. Existing federal law requires specified companies to file with the federal Equal Employment Opportunity Commission an annual Employer Information Report (EEO-1) that contains specified data regarding demographics of the employer's workforce. This bill would require, on or before March 31, 2021, and on or before March 31 each year thereafter, a private employer that has 100 or more employees, and that is required to file an annual Employer Information Report under federal law, to submit a pay data report to the DFEH that contains specified wage information. The bill would require that the information be made available in a prescribed format. The bill would require the DFEH to make the reports available to the division upon request. The bill would authorize the DFEH, if it does not receive the required report from an employer, to seek an order requiring the employer to comply, as specified. The bill would require the DFEH to maintain the pay data reports for a minimum of 10 years and would make it unlawful for any officer or employee of the DFEH or the division to make public in any manner whatever any individually identifiable information obtained from the report prior to the institution of certain investigation or enforcement proceedings, as specified. The bill would require the Employment Development Department to provide DFEH, upon its request, as specified, with the names and addresses of all businesses with 100 or more employees. The bill would make legislative findings in support of these provisions. The California Public Records Act requires a public agency to make public records available for inspection, unless an exemption from disclosure applies. This bill would provide that any individually identifiable information submitted to the department pursuant to this bill be considered confidential information and not subject to disclosure pursuant to the California Public Records Act, except as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Sponsors (3)

Votes


Actions


Sep 30, 2020

California State Legislature

Chaptered by Secretary of State. Chapter 363, Statutes of 2020.

California State Legislature

Approved by the Governor.

Sep 10, 2020

California State Legislature

Enrolled and presented to the Governor at 3 p.m.

Aug 30, 2020

Senate

Assembly amendments concurred in. (Ayes 29. Noes 8.) Ordered to engrossing and enrolling.

Aug 28, 2020

Senate

In Senate. Concurrence in Assembly amendments pending.

Aug 26, 2020

Assembly

Read third time. Passed. (Ayes 50. Noes 11. Page 5225.) Ordered to the Senate.

Aug 25, 2020

Assembly

Read second time. Ordered to third reading.

Aug 24, 2020

Assembly

Read second time and amended. Ordered to second reading.

Aug 20, 2020

Assembly

From committee: Do pass as amended. (Ayes 13. Noes 5.) (August 20).

Aug 11, 2020

Assembly

August 11 set for first hearing. Placed on suspense file.

Jul 30, 2020

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 29). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Jun 29, 2020

Assembly

Referred to Com. on L. & E.

  • Referral-Committee
Com. on L. & E.

Jun 25, 2020

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Passed. (Ayes 29. Noes 9. Page 3864.) Ordered to the Assembly.

Jun 22, 2020

Senate

Read second time. Ordered to third reading.

Jun 18, 2020

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3768.) (June 18).

Senate

Read second time and amended. Ordered to second reading.

Jun 11, 2020

Senate

Set for hearing June 18.

Jun 09, 2020

Senate

June 9 hearing: Placed on APPR. suspense file.

Jun 03, 2020

Senate

Set for hearing June 9.

Jun 02, 2020

Senate

Hearing rescheduled due to Capitol closure.

May 26, 2020

Senate

Set for hearing June 1.

May 18, 2020

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (May 14). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

May 12, 2020

Senate

Referral to Com. on JUD. rescinded due to the shortened 2020 Legislative Calendar.

May 08, 2020

Senate

Set for hearing May 14.

Mar 18, 2020

Senate

March 25 hearing postponed by committee.

Mar 11, 2020

Senate

Set for hearing March 25.

Feb 20, 2020

Senate

Referred to Coms. on L., P.E. & R. and JUD.

  • Referral-Committee
Coms. on L., P.E. & R. and JUD.

Feb 12, 2020

Senate

From printer. May be acted upon on or after March 13.

Feb 11, 2020

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB973 HTML
02/11/20 - Introduced PDF
06/18/20 - Amended Senate PDF
08/24/20 - Amended Assembly PDF
09/04/20 - Enrolled PDF
09/30/20 - Chaptered PDF

Related Documents

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Sources

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