Hey, who is opposed to equal pay for men and women, not me. Nevertheless, California thinks there are large numbers of employers who simply say, “since you are a woman, I’m going to pay you less.” To correct this they pass another law as if there are not already scores of laws against pay discrimination.
Wall Street Journal September 1, 2015
California lawmakers gave final approval on Monday to legislation that seeks to ensure equal compensation for women in the workplace by prohibiting employers from paying differing wages to employees who do “substantially similar work.”
The legislation would prohibit retaliation against employees who inquire about their colleagues’ salaries. It also would allow an employee to challenge pay based on the rate that other employees of the same company receive at different locations. And it would require employers to show that pay rates are based on factors other than gender.
“Ensure” equal pay you say? Look at the Law text below (I added the emphasis). Virtually every differential in pay is attributable to one of the factors underlined, but how would you like to defend your action when someone claims their pay is only lower because of their gender? What you don’t see as a qualifier is experience so why hire a women with minimal experience in a job if you must pay her the same as a newly hired man with years of experience?
California Equal Pay Act – California Labor Code § 1197.5
1197.5. (a) No employer shall pay any individual in the employer’s employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where the payment is made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any bona fide factor other than sex.
“We don’t think this is going to increase litigation, we think it is going to provide an objective criteria where you can have legitimate wage differentials,” said Jennifer Barrera, policy advocate for the California Chamber of Commerce. “The bill specifies a legitimate basis upon which an employer can have a wage differential, and emphasizes that it cannot be based upon gender.” WSJ 9-1-15
Provide objective criteria? Those criteria already exist. Try proving those criteria if you are an employer. What you have is more feel good liberal dripple.
Exactly how many employers pay women less solely because they are women and not related to one of these “objective criteria.” We look at general broad statistics and automatically conclude we have found another battle in the war on women. In addition, pure discrimination is already dealt with under any number of federal laws.