BILL NUMBER: AB 435	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 4, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 5, 2007
	AMENDED IN SENATE  JUNE 28, 2007
	AMENDED IN ASSEMBLY  APRIL 23, 2007

INTRODUCED BY   Assembly Member Brownley
   (Coauthors: Assembly Members Berg and Jones)
   (Coauthors: Senators Kuehl and Migden)

                        FEBRUARY 16, 2007

   An act to amend Section 1197.5 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 435, Brownley. Wage discrimination.
   Existing law prohibits any employer from discriminating in the
amount of wages paid for equal work, based upon the sex of the
employee. These provisions are enforced by the Division of Labor
Standards Enforcement by investigating complaints filed by employees
and filing and prosecuting civil actions on their behalf.
   Existing law requires employers to maintain the wage and job
classification records of its employees for 2 years.
   This bill would require employers to maintain these records for 5
years.
   Existing law provides a 2-year statute of limitations for an
employee to bring a civil action against an employer to recover
wages. This limitation is increased to 3 years in the case of willful
violation by the employer.
   This bill would extend the statute of limitations to 4 years for a
civil action by an employee to recover wages and to 5 years for
actions in which there is willful misconduct of the employer.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1197.5 of the Labor Code is amended to read:
   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.
   (b) Any employer who violates subdivision (a) is liable to the
employee affected in the amount of the wages, and interest thereon,
of which the employee is deprived by reason of the violation, and in
an additional equal amount as liquidated damages.
   (c) The provisions of this section are administered and enforced
by the Division of Labor Standards Enforcement. If the division finds
that an employer has violated this section, it may supervise the
payment of wages and interest found to be due and unpaid to employees
under subdivision (a). Acceptance of payment in full made by an
employer and approved by the division shall constitute a waiver on
the part of the employee of the employee's cause of action under
subdivision (g).
   (d) Every employer shall maintain records of the wages and wage
rates, job classifications, and other terms and conditions of
employment of the persons employed by the employer. All of the
records shall be kept on file for a period of five years.
   (e) Any employee may file a complaint with the division that the
wages paid are less than the wages to which the employee is entitled
under subdivision (a). These complaints shall be investigated as
provided in subdivision (b) of Section 98.7. The name of any employee
who submits to the division a complaint regarding an alleged
violation of subdivision (a) shall be kept confidential by the
division until validity of the complaint is established by the
division, or unless the confidentiality must be abridged by the
division in order to investigate the complaint. The name of the
complaining employee shall remain confidential if the complaint is
withdrawn before the confidentiality is abridged by the division. The
division shall take all proceedings necessary to enforce the payment
of any sums found to be due and unpaid to these employees.
   (f) The department or division may commence and prosecute, unless
otherwise requested by the employee or affected group of employees, a
civil action on behalf of the employee and on behalf of a similarly
affected group of employees to recover unpaid wages and liquidated
damages under subdivision (a), and in addition shall be entitled to
recover costs of suit. The consent of any employee to the bringing of
any action shall constitute a waiver on the part of the employee of
the employee's cause of action under subdivision (g) unless the
action is dismissed without prejudice by the department or the
division, except that the employee may intervene in the suit or may
initiate independent action if the suit has not been determined
within 180 days from the date of the filing of the complaint by the
department or division.
   (g) Any employee receiving less than the wage to which the
employee is entitled under this section may recover in a civil action
the balance of the wages, including interest thereon, and an equal
amount as liquidated damages, together with the costs of the suit and
reasonable attorney's fees, notwithstanding any agreement to work
for a lesser wage.
   (h) A civil action to recover wages under subdivision (a) may be
commenced no later than four years after the cause of action occurs,
except that a cause of action arising out of a willful violation may
be commenced no later than five years after the cause of action
occurs.
   (i) If an employee recovers amounts due the employee under
subdivision (b), and also files a complaint or brings an action under
subdivision (d) of Section 206 of Title 29 of the United States Code
which results in an additional recovery under federal law for the
same violation, the employee shall return to the employer the amounts
recovered under subdivision (b), or the amounts recovered under
federal law, whichever is less.