Bill Text: CA SB1458 | 2021-2022 | Regular Session | Introduced
Bill Title: Workers’ compensation: disability benefits: gender disparity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-19 - May 19 hearing: Held in committee and under submission. [SB1458 Detail]
Download: California-2021-SB1458-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1458
| Introduced by Senator Limón |
February 18, 2022 |
An act to add Section 4453.1 to the Labor Code, relating to workers’ compensation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1458, as introduced, Limón.
Workers’ compensation: disability benefits: gender disparity.
Existing law provides certain methods for determining workers’ compensation benefits payable to a worker or the worker’s dependents for purposes of temporary disability, permanent total disability, permanent partial disability, and in case of death.
This bill would increase the payment of disability benefits by the percentage of disparity in earnings between genders, as specified. The bill would apply prospectively to injuries occurring on or after January 1, 2023.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4453.1 is added to the Labor Code, to read:4453.1.
(a) (1) Notwithstanding any other provision of this division, after calculating the average weekly wage pursuant to Section 4453, the average weekly wage shall increase, in addition thereto, by the percentage of disparity in earnings between genders as reported by the applicant’s employer in its pay data report to the Department of Fair Employment and Housing pursuant to Chapter 10 (commencing with Section 12999) of Part 2.8 of Division 3 of Title 2 of the Government Code if the applicant’s average weekly wage is less than the average weekly wage of the opposite gender as reported by the applicant’s employer to the Department of Fair Employment and Housing.(2) An applicant whose employer has not submitted a pay data report
shall have the average weekly wage disparity adjustment increased, in addition thereto, by the percentage of disparity in earning between genders as set forth in the United States Department of Labor Statistics: Employment and Earnings by Occupation.
(b) This section shall only apply prospectively to injuries occurring on or after January 1, 2023.
