In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this eleventh day of the holidays, my labor and employment attorney gave to me: eleven pipers piping and SB 1162.
California is generally on the national forefront of pay equality. The Equal Pay Act has been law for decades and has been expanded over the years. In 2015, former Governor Brown signed the California Fair Pay Act, which became effective January 1, 2016. The California Fair Pay Act aimed to ensure equal pay for employees performing "substantially similar work" and also to make it more difficult for employers to justify pay disparities through the "bona fide factor other than sex" defense. Existing federal law requires certain companies (private employers with 100 or more employees) to file an annual employer information report which includes data regarding demographics of the employer's workforce (EEO-1) with the federal Equal Employment Opportunity Commission (EEOC). In our 2020 #12Days series, we discussed SB 973, which was the last California measure designed to minimize California's gender pay gap.
California is now adding another pay equity measure with SB 1162. Surprisingly, California is not the first state to enact such legislation with Colorado leading the charge in 2019 and New York City this past November. California joins these other jurisdictions as of January 1, 2023, and requires...
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