New Jersey-2016-S2734-Introduced

An Act establishing the Study Commission on Gender Pay Discrimination.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. There is established, in the Department of Labor and Workforce Development, the Study Commission on Gender Pay Discrimination. The commission shall consist of 12 members as follows: the Commissioner of Labor and Workforce Development, the Attorney General, the Executive Director of the New Jersey Economic Development Authority, or their designees, who shall serve ex-officio and as non-voting members; two public members, to be appointed by the President of the Senate; two public members, to be appointed by the Speaker of the General Assembly; and five public members, to be appointed by the Governor. Of the five public members appointed by the Governor: one shall be a representative of the Center for Women and Work at Rutgers, the State University; two shall be individuals appointed from a list or lists of nominees provided by one or more recognized Statewide organizations representing businesses; and two shall be individuals who represent labor unions which have a majority of members who are women and who are appointed from a list or lists of nominees provided by one or more recognized Statewide organizations representing labor unions.

b. All appointments shall be made within 90 days after the effective date of this act. The appointed members of the commission shall serve until the submission by the commission of its final report pursuant to section 2 of this act. Vacancies in the membership of the appointed members of the commission shall be filled in the same manner as the original appointments.

c. Members of the commission shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties as members of the commission, within the limits of funds appropriated or otherwise made available to the commission for its purposes.

d. The commission shall organize as soon as possible after the appointments are made and select a chairperson from among its members. The commission shall meet at least quarterly, may hold meetings and hearings at places and times as it designates, and may meet at any other times at the call of the chairperson. No action shall be taken by the commission except by an affirmative vote of a majority of the voting members.

2. The commission shall study the extent, causes and effects of pay discrimination based on gender throughout various sectors of the New Jersey economy, and make recommendations to increase efforts to end gender pay discrimination through more effective implementation of anti-discrimination laws and policies and other measures to improve opportunities for the advancement of women in the workplace, including increased access to education and training, and fostering greater workplace stability and flexibility to attain a better balance between work and family for all workers. The commission may issue any reports it deems appropriate and shall submit a final report of its findings and recommendations to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within one year of the appointment of a majority of the public members of the commission.

3. The commission shall hold not less than three public hearings, with not less than one public hearing each in the northern, central and southern regions of the State, and shall have access to relevant files and records of the Department of Labor and Workforce Development, the Department of Law and Public Safety, the New Jersey Economic Development Authority, and other relevant State agencies, and may call to its assistance and avail itself of the services of the employees of those departments and agencies to provide whatever information it may require. Any information obtained from or about any employer, employee, or employee representative by the commission shall be retained solely for the use of the commission in the implementation of this act, and shall not be disclosed except as part of a report made by the commission pursuant to this act. No report of the commission shall include information which is identifiable with respect to any specific employer, employee or employer representative without the written consent of the employer, employee or employee representative.

4. This act shall take effect immediately and shall expire upon the submission by the commission of its final report.

STATEMENT

This bill establishes, in the Department of Labor and Workforce Development, the Study Commission on Gender Pay Discrimination. The commission consists of 12 members, including three State officials, who are non-voting members, and nine public members, with two appointed by the President of the Senate, two appointed by the Speaker of the General Assembly, and five appointed by the Governor. Of the five appointed by the Governor, one is to represent the Center for Women and Work at Rutgers, the State University, two are to represent business organizations, and two are to represent labor organizations.

The purpose of the commission is to study the extent, causes, and effects of gender-based pay discrimination throughout various sectors of the New Jersey economy. The commission is also tasked with making recommendations to increase efforts to end gender pay discrimination through more effective enforcement of anti-discrimination laws and other measures to improve opportunities for the advancement of women in the workplace, including increased access to education and training, and fostering greater workplace stability and flexibility to attain a better balance between work and family for all workers. The commission is directed to report its findings and recommendations to the Governor and to the Legislature within two years of the appointment of a majority of the public members of the commission.