Transcript Prepared By the Clerk of the Legislature Transcriber's Office Business and Labor Committee February 27, 2017 [LB211 LB244 LB354 LB507 LB553] The Committee on Business and Labor met at 1:30 p.m. on Monday, February 27, 2017, in Room 2102 of the State Capitol, Lincoln, Nebraska, for the purpose of conducting a public hearing on LB354, LB211, LB244, LB553, and LB507. Senators present: Joni Albrecht, Chairperson; Sue Crawford, Vice Chairperson; Steve Halloran; Sara Howard; and John Lowe. Senators absent: Ernie Chambers; Matt Hansen. SENATOR ALBRECHT: (Recorder malfunction)...then go ahead and get started. You're in the Business and Labor Committee. Good afternoon. My name is Joni Albrecht, I am the Chair of Business and Labor and I'd like to introduce our senators who are here. We have one more walking in. But Senator Chambers and Senator Hansen will be absent today. But I'd like to start with Senator Crawford, who is our Vice Chair of the committee, do you want to go ahead and introduce yourself? SENATOR CRAWFORD: Good afternoon. Senator Sue Crawford from District 45, which is eastern Bellevue, eastern Sarpy County and Offutt. Thank you. SENATOR ALBRECHT: Thank you. Senator Lowe. SENATOR LOWE: John Lowe from District 37, which is Buffalo County, Kearney, Gibbon and Shelton. SENATOR ALBRECHT: Senator Halloran. SENATOR HALLORAN: Steve Halloran, District 33, which is Adams County, southern Hall County, and western Hall County. SENATOR HOWARD: Senator Sara Howard, I represent District 9 in midtown Omaha. SENATOR ALBRECHT: Thank you. And for the committee staff, we have Meghan Chaffee as our counsel and we have Beverly Neel as our committee clerk. And we have two pages with us today, Lee-Ann Sims who's a sophomore at UNL studying political science and global studies and Toni Caudillo is a sophomore at UNL studying elementary education. Just a few housekeeping items, not ideas; this is an item, not an idea. Please turn off your cell phones. Senators, note that the microphones again are very sensitive and are able to pick up on side conversations. Testifiers should have the appropriate number of copies of handouts ready for distribution and you can give them to the page. The Business and Labor Committee requires ten 1 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Business and Labor Committee February 27, 2017 copies. Each witness appearing before the committee must sign in using the forms, a yellow sheet provided at the entrance of the hearing room. Sign in only if you're to testify. Your form must be given to the page before you begin presenting your testimony. Each testifier will be allotted five minutes before the committee. We use a light system. The green light indicates that you may begin, yellow indicates that you're nearing the end of your time, and red indicates it's time to end your testimony. Please begin your testimony by stating your name clearly into the microphone and then please spell your first and last name for the record. Note that the committee members may need to leave in the middle of the hearing as they might have a bill to introduce in another committee, so don't be offended if senators are coming and going. Today's agendas are posted out front. We'll start with Senator Kolowski, then move onto Senator Hansen's bill, Senator Bolz's bill, Senator Lowe, and then Senator Albrecht. So we have a busy schedule, so we'll try to keep moving along. The agendas are also posted outside the door. We'll have introducers make the initial statements, followed by proponents, opponents, and those in neutral...testifying in neutral. Closing remarks will be also presented by the introducing senator. And the first item on our agenda today will be Senator Kolowski, LB354. [LB354] SENATOR KOLOWSKI: (Exhibit 1-3) Thank you and good afternoon, Chairwoman Albrecht and members of the Business and Labor Committee. My name is Senator Rick Kolowski, R-i-c-k K-o-l-o-w-s-k-i, and I represent District 31. I'm here today to introduce LB354, which adopts the Wage Disclosure Act. This bill was brought to me by a constituent who has recently been applying for jobs and was concerned that she was not being considered for positions based on her past salary history. LB354 makes it unlawful for any employer or potential employer to request or require as a condition of being interviewed that job applicant's prior wages or seek information regarding a job applicant's current or prior wages. Similar laws to this have been passed in the state of Massachusetts, in Philadelphia, and for the city of New York. This concept is growing around the country. I have a handout of an article from Forbes Magazine, "Ten Reasons It Should Be Illegal To Demand A Job-Seeker's Salary History." This law would protect women or minorities who have been discriminated against in salary in the past and it will allow a market-based approach to salaries. Employers and employees will negotiate a salary based upon skills and assets for that job, not what the employee was previously paid. I think LB354 can be common sense and does not create an undue burden upon employers. They may need some time to adjust their hiring practices and train their HR representatives. I appreciate your time and would answer any questions after my last comment now. And on a personal basis I simply want to state, having been 41 years in public education, maybe we were ahead of the curve because male or female, as you'd come into a district in the metropolitan area you're judged according to degree level and years of experience. It doesn't matter male or female, you're looked at as an asset coming into that district for whatever job you're filling based on those factors alone, which are part of the negotiated contract or part of the administrative salary range that you come in on. So I think in some ways education has been ahead of the game, depending on where you are and 2 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Business and Labor Committee February 27, 2017 what you've done. But it's also an important factor that gives fair and equitable treatment to everyone as they come seeking jobs. Thank you. [LB354] SENATOR ALBRECHT: Thank you. Do we have any questions from the senators? Would you be sticking around? [LB354] SENATOR KOLOWSKI: I'm planning on it. We have another bill to present. I'll do my best to stay here. [LB354] SENATOR ALBRECHT: Okay. See how many proponents and opponents we have. [LB354] SENATOR KOLOWSKI: Thank you. [LB354] SENATOR ALBRECHT: Thank you. Okay, we'll begin with any proponents wishing to speak to LB354. Do we have any proponents wishing to speak? [LB354] DANIELLE CONRAD: (Exhibit 4) Good afternoon. Good afternoon, Chairman Albrecht, members of the committee. My name is Danielle Conrad, that's D-a-n-i-e-l-l-e, Conrad, C-o-n-r- a-d, and I am a registered lobbyist and the executive director for the ACLU of Nebraska and I'm here on their behalf today. Initially, we would like to thank Senator Kolowski for his leadership on this critical gender equity issue and we would encourage the committee to give favorable consideration to LB354. And let me tell you why. It's grounded in both a legal and policy perspective to address a real need that exists in Nebraska. I have the page passing around our written testimony, so I won't bore you with repetition in that regard, but instead will try just to hit a few of the highlights and the top lines in abbreviated comments today to be respectful of everybody's time with a busy schedule. But it's been over 50 years since equal pay laws have been on the books and we still have a lot of work to do. Despite these strong laws, there is a persistent, pernicious wage gap that exists in Nebraska and across the country. The most recent data for Nebraska shows that Nebraska women continue to make pennies on the dollars to what our male counterparts in the marketplace make. For example, in Nebraska women make 79 cents on the dollar for every dollar a man makes and the disparities are larger for people of color. African-American women today make only 62 cents on the dollar to our male counterparts and Latina women earning only 54 cents on the dollar. There's also a pay gap for mothers. In Nebraska, working moms make 73 cents for every dollar a working father makes. And this has impact not only for individuals, but for families in our economy as a whole. Issues like equal pay, family work supports like family medical leave that Senator Crawford had before this committee recently and updates to accommodations for pregnant employees are common sense solutions that enjoy broad support across the political spectrum. Not only do we see this bearing out in ballot initiatives and in public opinion polling, but just this last year at both the republican 3 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Business and Labor Committee February 27, 2017 national convention and the democratic national convention we heard a lot from the dais about these very issues. So it's a really exciting set of issues to work on across the political spectrum. In Nebraska, we consistently rank as one of the states with the highest percentage of women working outside of the home.