Bill Text: CA AB755 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 755 (Prior Session Legislation)

Introduced

Bill Title: Labor Commissioner: unlawful discrimination: report.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB755 Detail]

Download: California-2021-AB755-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 755

Introduced by Assembly Member Flora

February 16, 2021

An act to amend Section 98.75 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 755, as introduced, Flora. Labor Commissioner: unlawful discrimination: report.

Existing law prohibits a person from discharging or otherwise discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant engaged in specified protected conduct. Under existing law, an aggrieved employee or applicant is entitled to specific remedies, and may file a complaint with the Division of Labor Standards Enforcement.

Existing law prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, unless the employer demonstrates that one or more specific factors, reasonably applied, account for the entire wage differential. Existing law also similarly prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work. Existing law authorizes an employee paid lesser wages in violation of these prohibitions to file a complaint with the division, and authorizes the commencement of a civil action.

Existing law requires the Labor Commissioner to submit an annual report to the Legislature by February 15 of each year providing specific information with respect to discrimination complaints under the above provisions for the previous calendar year.

This bill would change the deadline for that report to March 15 of each year, commencing with March 15, 2022.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 98.75 of the Labor Code is amended to read:

98.75.

The Labor Commissioner shall annually submit a report to the Legislature by ~~February 15, 1987, and annually thereafter by February 15,~~ March 15 of each year, commencing with March 15, 2022, providing the following information with respect to discrimination complaints for the previous calendar year:

(a) The number of complaints filed pursuant to Section 98.7 or 1197.5, grouped according to the section of the Labor Code allegedly violated.

(b) The number of determinations issued, the number of investigative hearings held, the number of complaints dismissed, and the number of complaints found to be valid, grouped by the year in which the complaints were filed.

(c) The number of cases in which the respondent complied with the Labor Commissioner’s order to remedy unlawful discrimination, the number of these orders with which respondents failed to comply, the number of court actions brought by the Labor Commissioner to remedy unlawful discrimination, and the results of those court actions. If the Labor Commissioner did not bring an action in court within 10 days against a respondent who failed to comply with ~~his or her~~ their order, the report shall specify the reasons for not bringing action in court.