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So define “substantially similar”

The California Fair Pay Act was introduced by Senator Hannah-Beth Jackson following a study that found that women earned about 84 cents for every dollar earned by men.
The bill builds on existing legislation by prohibiting an employer from paying any employee less for substantially similar work rather than equal work.

The back up dancer does just as much prancing around as Madonna does in a gig. Must they be paid the same?

27 thoughts on “So define “substantially similar””

  1. Only for the prancing bit. The dancers are kept in employment by the status and fame of Madonna and by no other talent than prancing. Therefore Madonna is worth a higher remuneration. Mad world, isn’t it?

  2. WTF does ‘substantially similar’ actually mean? It just looks like an invitation to litigate, and is no more than a job creation scheme for lawyers.

    Guess what, she studied law…

  3. Talent, competence, productivity and no doubt in some job positions female workers cost their employers more as they have special needs maternity etc., which can cause replacement and training costs and yet have no place under equality.

    Employers are going to be more picky if they have any sense in the future and like the minimum wages many will lose out because of it.

  4. @”We know the answer to this. Jobs that are more office and indoors based that are female dominated will be equated with (currently) higher paid predominantly male dominated jobs that involve getting covered in oil and dirt and shifting stuff around, often out in all winds and weathers. ”
    They should have made the judge do both jobs in the winter for a few days before he made his judgement.

  5. I can’t see a clear economic reason why the pay in two such different jobs as refuse collection and teaching assistants should be any different. If anything I might have expected teaching assistants to require a rather higher standard of education and therefore the economics of supply and demand might push their wages up above those of the binman – but in practice, educational requirements for teaching assistants are surprisingly low.

    It is a bit of a warning for an employer not to have two categories of employees, one physical, outdoors labour and generally male, one less physical and predominantly female, unless they’re getting paid the same, regardless of how comparable the work conditions are. Presumably this is yet another reason to outsource the labour (in one category or both, but if the latter probably not to the same outsourcing firm).

  6. It cannot be shown that Colin Kaepernick has done any work at all. Just because he has a job as quarterback doesn’t mean he’s done any quarterbacking work.

  7. MBE
    “If anything I might have expected teaching assistants to require a rather higher standard of education and therefore the economics of supply and demand might push their wages up above those of the binman”

    Typical, middle-class entitlement bollocks. SUPPLY & DEMAND are supply & demand. Something tells me there’s a whole lot more supply of vapid teaching assistants who can verifiably count to ten with their hands in their pockets than there a blokes willing to get up at 5am to shift ordure in driving sleet.
    And supply & demand might reflect that. Should reflect that.

  8. The last supply & demand should have been remuneration, obviously..

    It’s hard to think coherently when”teaching assistant” is rolled out as a qualified profession.

  9. Does this mean that Wayne Rooney is about to take a massive pay cut, or that women’s football is about to bankrupt itself paying all the girls £200,000 a week?

  10. @ Ivor
    Nerither, unless they play for the same club. But it does mean that the San Francisco 49ers, the Los Angeles Dodgers and the Sacramento Kings will have a flat pay structure: all first players on the same wage.

  11. @john77: actually a lot of the Premier League clubs have Ladies teams now, and they would all be nominally under the same headline club. Its all part of the PC bollocks of trying to make out that womens sport is as important as the mens, when by any objective assessment of the standard of play they would struggle to compete with amateur mens teams at a pretty low level. I was listening to 606 on 5 Live last Sunday evening, and they kept cutting to reports from the Chelsea ladies vs Sunderland ladies football match, as if any of the people listening wanted to hear about it, rather than the more burning issue of Liverpool having just sacked Brendan Rogers, and Arsenal having beaten Man Utd 3-0.

    Its the same in cricket – the England Women’s team gets loads of media exposure and money thrown at it when the standard of play is barely above the village stuff that I as a 44 yo middle aged man play at. In my younger days I would have been right at home at England Ladies level, but I didn’t get a central ECB contract, or get to play my matches at Lords, or get paid to tour overseas. They do, just because they are women.

    Its all part of the equality agenda – women are equal to men, so we’ll give them loads of special treatment.

  12. I saw the Women’s Ashes T20 game at Hove that decided the series in the Aussie’s favour, the England team were rather better than village standard but the general level of skill on display was unimpressive. The Aussies were miles ahead. There was just one six in the entire match, not from an England player of course.

  13. “California bill ensuring equal pay for women welcomed by Hollywood”

    Welcomed by LIbtard press’s favorite fellow travelers. As if they speak for Hollywood.

    Anywho, we on the east coast welcome the movie makers who will be moving here.

  14. Jim.

    England ladies play just below premier league cricket from my observation.

    You know England u19 players get benefits despite no one giving a shit whether they win or not. I myself do care a bit about whether the women’s senior teams at cricket and rugby do well, I’ve paid to see women’s rugby. It’s alright, no one is claiming compability but backing them as they have a ride or three lions on their chests is good enough to show our support. And I think that it’s right the ECB and RFU pay our women as it’s about giving them the chance to be the best and it’s England mate, quite right we go that, we should take pride, it’s the national teams

  15. Bloke in North Dorset

    One of the England women plays Lancashire central league cricket and that’s one below county 2nd class.

    Mind you not as strong as the Yorkshire leagues 🙂

  16. So what you’re saying is that the best women cricketers in the country play at a standard thats below at least 5000 other male cricketers (allowing 18 first class counties @ 25 players per county squad, and 26 ECB Premier Leagues @ 10 teams per league and 15 players per team squad, plus all the private high class leagues like the Yorks and Lancs ones)? And we are supposed to think this is something to be applauded?

    I’m sorry, but sexual equality either means something or its bollocks. As far as I’m concerned all sport should be unisex – let women compete with men direct, and let the best be the best, regardless of gender.

  17. Hey, lads – I was saying that *Californian* clubs have to have flat pay. Jerry Brown doesn’t rule England yet.
    We know all this stuff is absurd created by dishonest lawyers – who can remember the “Cammell Laird” case when the union won an “equal pay” case when Cammell Laird consolidated the “extreme weather” payments for building ship hulls in winter into basic pay and the union sued because that meant craftsmen working outdoors in all weathers had – nominally – a higher pay rate than the cook. Except that she got paid during her breaks and they didn’t so she was *already* getting paid more for a cushy indoors job than they were! the judge ruled in favour of the union on narrow “technical” grounds i.e. the contracts hadn’t been worded properly.
    Justice – don’t make me laugh

  18. This is all wrong. First there should be selection by affirmative action then by diversity and then by disability and so on. Naturally the concept of winning will be abolished and replaced by natural justice.
    Selected members of the populace will be found to act as spectators.Commentary scripts will be supplied. .

  19. “If anything I might have expected teaching assistants to require a rather higher standard of education and therefore the economics of supply and demand might push their wages up above those of the binman – but in practice, educational requirements for teaching assistants are surprisingly low.”

    Teaching assistants suit parents – mothers almost always – because the hours match with school time. Hence you get thousands of applicants for any TA job.

    Being a binman is hard physical work.

    Supply and Demand drives TA wages down

  20. @ Jim
    Do you want flyweights to box heavyweights?
    It is a simple, clearly visible, fact that men are, on average, bigger, heavier and stronger than women. So in sports where size and strength convey a significant advantage, there is not a like-for-like competition. The best women will beat fairly good men – in my latest race I was beaten by both lady competitors (but as the 72-year-old father of the younger not only always beats me but usually laps me in the process, this may say more about me than them), but if you want to reward/recognise skill you must set rules that do not allow skill to be swamped by brute force and ignorance.

  21. What Paul said
    Whydon’t the underpaid TAs volunteer to shift dustbins (the wheely bins are a lot easier than the old-fashioned bins)?

  22. Bloke in North Dorset

    Bridge has solved the problem.

    OK its not quite as critical because of the lack of need for strength, but at the current world championships they have an Open, Women’s and Senior’s section. Women are at liberty to enter the Open section so can’t complain about inequality in prize money.

    It would be good to see Wimbledon do something similar, not for the tennis, but to hear the howls of faux anger from the vinegar seller and assorted lefties.

  23. Bloke in North Dorset

    If councils have to pay the same wages to everyone they should put them on the contracts and have a pool of people to deploy as necessary.

    It might add to initial training costs but once done staff could be rotated to remain up to date: a week on the bins, a week in the post room, a week as a TA and so on.

    The extra training costs will be paid for by being able to redeploy people at short notice: “Sorry, you thought you were on TA this week but because of the heavy snow you’re all on manual road salting”.

    What’s not to like? And, as I said above, it has the benefit of listening to the howls of outrage.

  24. The SJW will not rest. The next step, as John77 October 7, 2015 at 11:14 pm may have been suggesting, is that people working for different employers should get the same pay for “substantially similar” work.

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