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California Pay Equity Task Force

Members

Members of the California Pay Equity Task Force 

Commissioner Julie A. Su, Co-chair
California Labor Commissioner

Commissioner Lauri Damrell, Co-chair 
Partner 
Orrick, Herrington and Sutcliffe LLP

Senator Hannah-Beth Jackson
California State Legislator

Assembly Member Cristina Garcia
California State Legislator

Assembly Member Marie Waldron
California State Legislator

Kevin Kish, DFEH Director
Director 
CA Department of Fair Employment and Housing

Jennifer Barrera
Policy Advocate 
California Chamber of Commerce  

Daniel C.Y. Kuang, Ph.D.
Vice President – Legal and Audit Support Services
Biddle Consulting Group, Inc.     

Peter Pawlick

Senior Director 
Global Compensation at Gap Inc.

Victoria Pynchon
Co-Founder 
She Negotiates
 

Jennifer Reisch
Legal Director 
Equal Rights Advocates

Tamekia N. Robinson
Vice President for Organizing/Representation 
SEIU Local 1000, California State Employees

Kimberlee Shauman, Ph.D.
Professor of Sociology 
University of California Davis

Leslie Simon
Business Representative 
International Alliance of Theatrical Stage Employees Local 871

Jeanna Steele
Head of Litigation & Assistant General 
Sunrun, Inc.

Bryn Sullivan
Senate Consultant 
California Legislative Women’s Caucus

Rhoma Young
Human Resources Consultant
Rhoma Young & Associates

Liaisons and Diversity Officer

Kelly Jenkins-Pultz
Non-voting liaison to the Task Force
Regional Administrator
US Department of Labor Women's Bureau, Region 9

Phoebe P. Liu
Legal Enforcement Liaison
Senior Staff Counsel IV, Department of Fair Employment and Housing 

Legal Enforcement Liaison
Staff Counsel, Labor Commissioner's Office


Tamara McDonald
Diversity Officer
Staff Services Manager, Labor Commissioner's Office

Summary and Mission

In January 2016, SB 358, the California Fair Pay Act, took effect. The momentum is strong in California to redress gender pay inequity and nationwide it continues to grow. Many women and their allies recognize that we are in a moment of real change. We have the opportunity to take focused action toward ending an inequality that has persisted for centuries. California is uniquely positioned to provide our leadership and example on this issue, and the CCSWG is uniquely positioned within California to support meaningful compliance with the strongest equal pay law in the country.    

The California Commission on the Status of Women and Girls is launching a statewide, multi-stakeholder Pay Equity Task Force. The mission of the Task Force is to engage diverse interests and facilitate an ongoing dialogue about pay equity between employees and their advocates, small and large employers, policymakers, legislators, experts in human resources and compensation practices, industrial organizational psychologists, labor economists, social scientists, and legal and other experts in the public and private sectors. The Task Force will provide a forum for engagement and dialogue with diverse interests who have the power to effect change in workplace and compensation policies and practices. 

Action of Commission Creating Task Force  

Meeting Times, Materials and Agendas

Upcoming Meetings: 

January

19-Jan

Joint subcommittee meeting: 9:30 a.m. to 11:00 am
Measuring the Pay Gap, Evaluating Job Classifications, Systems & Functional Infrastructure and Human Resources subcommittees

Orrick Sacramento, with video-conference location available in San Francisco

Meeting Notice and Agenda Joint Subcommitee Meeting.Agenda.01.19.17.pdf

Infrastructure Data for Discussion

January

Joint subcommittee“Outreach”meeting: 10 a.m. to noon

20-Jan

 

 

Deliverables, Enforcement, Policy & Practice subcommittees

Notice of Meeting and Agenda - Deliverables Enforcement Policy and Practice Subcommittees 01.20.2017.pdf

Joint subcommittee“Definitions”meeting: 1 p.m. to 3 p.m.
Definitions and Planning subcommittees

 Notice of Meeting and Agenda Definitions Subcommitee 01.20.2017.pdf

Federal and CA Reporting Requirements.pdf

Memo Case Summaries on Substantially Similar.pdf

Substantial Similar Work Definitions Case Law

 

Orrick Sacramento, with video-conference locations available in San Francisco (morning and afternoon) and Los Angeles (morning only)

February


 01-Feb  

Joint subcommittee“Definitions”meeting: 1 p.m. to 3 p.m.
Definitions and Planning subcommittees (Please view agenda for all locations)

Definitions Subcommittee Agenda

Federal and CA Reporting Requirements.pdf

Memo Case Summaries on Substantially Similar.pdf

Substantial Similar Work Definitions Case Law

Definitions Subcommittee-Draft bullet points.pdf

  Full Task Force Meeting
Notice of Meeting and Agenda 

16-Feb

Orrick, Herrington & Sutcliffe, LLP, 400 Capitol Mall #3000 Sacramento California, 95814

10 a.m. to 4 p.m.

Infrastructure Data

Outreach Lists and Inventory 

ERA Inventory of Employee Tools

 

Interim Report Draft

Changing Employer Culture 0170210.pdf

FAQ Difference State and Federal.pdf

Step by Step employer Eval.pdf

WageData.pdf

Definitions Subcommittee Meeting Draft Minutes.pdf

Infrastructure Subcommittee Meeting.pdf

Draft Roadmap/Yellow brick Road

   

March

Reserved for Joint Subcommittee Meeting

16-Mar

Details TBD

 

 

April

4-Apr

Full Task Force Meeting

Equal Pay Day/Interim Report Release

Sacramento

10 a.m. to 4 p.m.

May

Reserved for Joint Subcommittee Meeting

25-May

Details TBD

 

 

June

1-Jun

Full Task Force Meeting

Location TBD

10 a.m. to 4 p.m.

August

Reserved for Joint Subcommittee Meeting

17-Aug

Details TBD

 

 

September

14-Sep

Full Task Force Meeting

Location TBD

10 a.m. to 4 p.m.

October

Reserved for Joint Subcommittee Meeting

6-Oct

Details TBD

 

 

November

Final 2017 Convening of the CA Pay Equity Task Force

13-Nov

10 a.m. to 4 p.m.

2016 Meetings and Materials:

December 19, 2016 Joint Meeting of the Measuring the Pay Gap, Evaluating Job Classifications, Systems and Functional Infrastructure and Human Resources subcommittees Notice of Meeting and Agenda 

December 14, 2016 Joint Meeting of 

Draft of Road Map/Yellow Brick Roadthe Definitions and Planning Committee Notice of Meeting and Agenda

October 24, 2016 Meeting Agenda with links to materials

August 19, 2016 Meeting Agenda & Materials 

July 22, 2016 Meeting Agenda & Materials


10 a.m. to 4 p.m.

Subcommittees

Subcommittee Reports for 10.24.16 Discussion Purposes

DEFINITIONS
Members:
Jennifer Barrera, CalChamber
Jennifer Reisch, Equal Rights Advocates

Staff: Bethany Renfree, CCSWG & Doris Ng, DLSE

ENFORCEMENT AND PROCESS
Members:
Commissioner Julie Su, DLSE
Director Kevin Kish, DFEH

Staff:  Doris Ng, DLSE & Phoebe P. Liu, DFEH

IMPLEMENTATION AND LAW
Members:
Kelly Jenkins-Pultz, U.S. Department of Labor Women’s Bureau
Phoebe P. Liu, DFEH

Staff:    Bethany Renfree, CCSWG


MEASURING THE PAY GAP

Members:
Kimberlee Shauman, Ph.D., University of California Davis

Daniel C.Y. Kuang, Ph.D., Biddle Consulting Group, Inc.               

Staff: Tonya D. Lindsey, Ph.D. & Bethany Renfree, CCSWG

HUMAN RESOURCES
Members:
Commissioner Lauri A. Damrell, Partner Orrick, Herrington and Sutcliffe LLP
Rhoma Young, Rhoma Young & Associates           

Staff: Bethany Renfree, CCSWG

EVALUATING SYSTEMS AND FUNCTIONAL INFRASTRUCTURE
Members:
Peter Pawlick, Senior Director Global Compensation at Gap Inc. 

Daniel C.Y. Kuang, Ph.D., Biddle Consulting Group, Inc.

Staff: Bethany Renfree, CCSWG & Tonya D. Lindsey, Ph.D.

EVALUATING JOB CLASSIFICATIONS
Members:
Kimberlee Shauman, Ph.D., University of California Davis
Tamekia N. Robinson, SEIU Local 1000

Staff:  Tonya D. Lindsey, Ph.D. & Bethany Renfree, CCSWG

EVALUATING POLICY AND PRACTICE
Members:
Jennifer Reisch, Equal Rights Advocates
Leslie Simon, International Alliance of Theatrical Stage Employees Local 871

Staff: Bethany Renfree, CCSWG

CHALLENGES AND BARRIERS
Members:
Jennifer Barrera, CalChamber
Jeanna Steele, Sunrun, Inc.

Staff: Tamara McDonald, DLSE & Bethany Renfree, CCSWG

DELIVERABLES
Members:
Victoria Pynchon, She Negotiates
Kelly Jenkins-Pultz, U.S. Department of Labor Women’s Bureau 

Staff: Stephanie Flores, CCSWG & Bethany Renfree, CCSWG

Task Force Staff

Stephanie Flores, Commission Communications and Outreach Adviser
Contact: (916) 441-9224

http://www.women.ca.gov/AboutUs/CommunicationsandOutreachAdviserStephanieFlores.aspx
stephanie.flores@women.ca.gov
 

Tonya D. Lindsey, Ph.D., Senior Research Consultant
Contact: (916) 653-8667
tonya.lindsey@library.ca.gov
 

Curriculum Vitae

Tonya D. Lindsey is on assignment with the California Commission on the Status of Women and Girls as a Senior Research Consultant. Her home agency is the California Research Bureau at the California State Library. Dr. Lindsey’s state service began at the University of California, Santa Barbara (UCSB) in 2000 where she studied media ownership for her Master’s thesis, globalization, culture, and later race in California prisons for men for her dissertation. Her work in California prisons won an award from the Justice Research and Statistics Association, she has published refereed papers about prisons and media, and her work in team ethnography among other topics has been presented at numerous local and national conferences. Dr. Lindsey’s interest in practical ways to apply her research skills led her to accept a research position at the California Department of Corrections and Rehabilitation in 2009, where she was responsible for annual youth recidivism reports. She has been with the California Research Bureau since 2012.

Her work at the Research Bureau includes a Short Subjects series about California women for the Commission on the Status of Women and Girls as well as, most recently, Women on Corporate Boards: Increasing but Still Underrepresented. Other projects include lead on the Women in Science, Technology, Engineering, and Math (STEM) online calendar, an inter-bureau project; lead on the 2013 Unlawful Detainer report to the legislature for the Assembly Committee on Judiciary; the library’s representative on the California Department of Education’s annual STEM conference steering committee, an interagency project; and other private requests.

Born and raised in California, Dr. Lindsey earned a B.A. in Sociology from Pitzer College at the Claremont Colleges and an M.A. and Ph.D. in Sociology from UCSB. She is the mother of one, grown son.

Marian M. Johnston, Commission Staff Attorney
Contact: marianmjohnston@comcast.net 

Education: B.A., Stanford University 1970; VISTA volunteer 1970-1971; J.D., Columbia School of Law, 1974

Employment: present: Staff Counsel to Commission on the Status of Women and Girls, Citizens Redistricting Commission, and California Compensation Commission (retired annuitant); 2000- 2008, Deputy Legislative Counsel; 1991-2000: Partner, Eisen and Johnston Law Corporation; 1978- 1991: Deputy Attorney General IV; 1976-1978: Staff Counsel, Fair Employment and Housing Commission; 1974-1976, California Rural Legal Assistance

Partial List of Significant Litigation: Board of Directors, Rotary International v. Rotary Club of Duarte (1987) 481 U.S. 537, successful representation of State of California before United States Supreme Court in case applying state civil rights law to discriminatory club California Federal S & L Assn. v. Guerra (1987) 479 U.S. 272, successful representation of state civil rights agency’s defense of state law protecting against pregnancy discrimination in the workplace White v. Davis (2003)30 Cal.4th 528, successful representation of California Legislature in litigation concerning the payment of state workers in absence of state budget Smith v. Fair Employment and Housing Commission (1996) 12 Cal.4th 1143, successful defense of civil rights agency’s decision protecting housing rights of unmarried couples Zumbrun v. Legislature of California (2008) 165 Cal.App.4th 1603, successfully defended power of Legislature to award contracts without formal bid process

Work Plan and Timeline

 

Goal & Objective

Responsible Entity

Proposed Activities Supporting Goal

 

Timeline for Completion

Finalize Proposal

Commission staff

Review with Gender in the Workplace and Employment Sub-committee;

Discuss with legal counsel; edit based on her recommendations; review final edits with sub-committee

April 1, 2016

Present Proposal to CCSWG Executive Committee for discussion

Commission staff

Prepare copies of taskforce proposal and budget; include in meeting binders; post to website; make copies to be available for the public at meeting

April 11, 2016

Equal Pay Day

op-ed/soft launch of taskforce

Commissioners Su and Damrell; Commission staff

Prepare draft; review with sub-committee; make necessary edits; submit to online media

April 12, 2016

Identify Potential Members of the Taskforce

Gender in the Workplace and Employment Sub-committee; Commission staff

Weekly telephonic conferences to discuss taskforce seats and name individuals to fill the criteria of each seat; prepare seek out and consider nominations from organizations, agencies, and groups with subject-matter expertise and/or experience in workplace policy and compensation; reach out to individuals with phone calls and emails

April 15, 2016

Send Written Correspondence with an Invitation and Instructions to Apply to Potential Taskforce Members

Commission staff

Establish firm meeting dates for the months of July, August, and October;

Create an application;

Compose an informational Invitation for individuals to apply to taskforce, which includes the application and request for statement/CV from applicant, and a commitment to attend on the established dates;

Publish in the Capitol Morning Report, the Daybook Editor and provide to partners to include in newsletters and e-alerts issued;

Create a vetting process

April 22, 2016

Nominate Taskforce Members

Commission Staff; Commission Chair;

Gender in the Workplace and Employment Sub-committee

Commission Staff to prepare backgrounds and bios of every proposed candidate and include in meeting binders; Provide to Commission Chair to appoint each nominee; Sub-committee members to discuss the candidates and the overall composition of the taskforce

June 15, 2016

Appoint Taskforce Members

Commission Chair

Review bios of selected candidates provided in the meeting binders; discuss taskforce membership and candidate qualifications with Commission staff; Chair to appoint each nominee

June 20, 2016

Announce the creation of the taskforce

Commission staff; Commissioner’s Damrell & Su

Prepare and disseminate a press release; post announcement in the Capitol Morning Report; legal publications; business publications; women’s advocacy groups publications and newsletters

June 27, 2016

Plan logistics for first convening

Commission staff

Secure a meeting location in Sacramento; create an agenda; prepare a binder with meeting materials; arrange for meals; arrange for travel accommodations

July 1, 2016

Convene first meeting of the taskforce

Gender in the Workplace and Employment Sub-committee; staff

Identify a small working group for the purpose of creating an agenda for a meeting with various different constituents; elect a Chair; create a working calendar

July 22, 2016

Identify 2017 meeting dates and locations

Commission staff

Email Task Force members and their staff to identify potential dates in 2017. Identify no less than six dates for the Task Force to meet in 2017

 

July 30, 2016

Identify dates for weekly or bi-monthly subcommittee planning sessions

Subcommittee staff; Subcommittee members

Following the first meeting of the Task Force each assigned subcommittee staff member is to initiate email planning sessions with two-person subcommittee members

July 30, 2016

Plan logistics for second convening

Commission staff

Secure a meeting location; create an agenda; prepare a binder with meeting materials; arrange for meals; arrange for travel accommodations

August 1, 2016

Convene second meeting of the taskforce with constituents/stakeholders

Taskforce; Commission staff

Identify different items for the taskforce to discuss and roundtable on; Identify issue-areas based on the constituent meeting and input; create two-person subcommittees

August 19, 2016

Prepare Report to Commission

Commission staff

Update Commission on taskforce progress

Aug. 31, 2016

Plan logistics for third convening

Commission staff

Secure a meeting location; create an agenda; prepare a binder with meeting materials; arrange for meals; arrange for travel accommodations

October 3, 2016

Convene third meeting of the taskforce

Taskforce; Commission staff

 

October 24, 2016

Prepare Media Advisory on the work of the taskforce

Commission staff

 

October 25, 2016

Prepare Report to Commission

Commission staff

Update Commission on taskforce progress

Oct. 25, 2016

Convene fourth meeting of the taskforce

Taskforce; Commission staff

 

 

Begin to prepare preliminary Interim Report

Taskforce; Commission staff

 

 

Dec.1, 2016

Prepare document on taskforce work

Taskforce; Commission staff

 

Dec. 15, 2016

Issue Media Advisory and taskforce update

Commission staff

Draft advisory marking one year anniversary of SB 358 implementation day which references the document updating on the taskforce work

Jan. 1, 2017

Finalize and Disseminate Interim Report

Taskforce; Commission staff

 

April, 2017

 

 

 


 

 

Task Force Processes

The California Fair Pay Act

Resources and Information

The materials provided on this website have been provided by individual Task Force members or staff to provide access to resources that are available on the issues considered by the Task Force. The materials provided on this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. The materials do not represent the opinions or conclusions of the Task Force. The posting of these materials does not create requirements or mandates.

Materials provided by Task Force Member Jennifer Reisch

Women's work and the gender pay gap.pdf

pay_secrecy_IR_march_1_2015.pdf

As Women Take Over a Male-Dominated Field, the Pay Drops - The New York Time.pdf

Materials provided by Task Force Member Rhoma Young

California Fair Pay Act - What Employers Should Know.pdf

Gender Pay Gap Pegged to Lack of Promotions SHRM.doc

How Pew Research measured the gender pay gap.doc

How to Create a Great Workplace for Women _ Fortune.com.pdf

How to Prevent Wage Discrimination and Ensure Equal Pay.doc

Pay Equity New Pressures New Strategies.doc

Planning and Design What is a compensation philosophy SHRM.doc

Materials Related to the federal Paycheck Fairness Act

The Unintended Consequences of the Paycheck Fairness Act, By Romina Boccia

Strengthening the Middle Class: Ensuring Equal Pay for Women, Testimony of  Heather Boushey

“The Failure of Existing Employment Laws to Close the Gender Wage Gap” Testimony of Deborah L. Brake

Testimony of the Hon. Rosa L. Delauro, Senate Testimony On The Paycheck Fairness Act

Pay Equity is Good for Business and Good for Working Women, Written Statement of Deborah L. Frett

National Women's Law Center Fact Sheet, How the Paycheck Fairness Act Will Strengthen the Equal Pay Act

Statement of Stuart J. Ishimaru, Acting Chairman U.S. Equal Employment Opportunity Commission

Jane M. McFetridge, Esq. Testimony on the Paycheck Fairness Act

Press Releases Ranking Member's Newsroom The U.S. Senate Committee on Health, Education, Labor & Pensions

 

Research compiled by Commission Senior Research Consultant Tonya D. Lindsey, Ph.D.

Gender Wage Gap Scholarly Literature and California State Agency Program Website Review

Gender Wage Gap Reports and Best Practices Literature Review

Definitions

The materials provided on this page are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. The materials do not represent the opinions or conclusions of the Task Force. The posting of these materials does not create requirements or mandates.

Labor Code Section 1197.5

Definitions subcommittee report 

CA Equal Pay Act Frequently Asked Questions

Senate Office of Research "Title VII (Civil Rights Act of 1964) Pay Discrimination Cases as Guidance for Defining Key Terms of California's Equal Pay Act and Other Related Analysis"

Senate Office of Research "Defining Key Terms of the Fair Pay Act"

EEOC Compliance Manual: Compensation Discrimination

Orrick Equal Pay Update and Emerging Trends in State Legislation

Definitions Discussion Draft Memo

Senate Bill 358 Letter to the Journal

Testimony of Deborah L. Brake

Executive Order -- Non-Retaliation for Disclosure of Compensation Information

2 CCR 11065

Job Descriptions and Essential Functions

Law 360 "A Closer Look at the California Pay Gap and Equal Pay Act"

EEOC Compliance Manual on Wage and Wage Rates

OFCCP Pay Transparency Fact Sheet 

Employment Law Conference 2016: Equal Pay Claims, Title VII and Equal Pay Act