Bill Text: NY S05248 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibits wage differentials based on protected class status.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-07-10 - SIGNED CHAP.93 [S05248 Detail]
Download: New_York-2019-S05248-Introduced.html
Bill Title: Prohibits wage differentials based on protected class status.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-07-10 - SIGNED CHAP.93 [S05248 Detail]
Download: New_York-2019-S05248-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5248 2019-2020 Regular Sessions IN SENATE April 18, 2019 ___________ Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to the prohibition of a differential rate of pay on the basis of protected class status The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading and subdivision 1 of section 194 of the 2 labor law, the section heading as added by chapter 548 of the laws of 3 1966 and subdivision 1 as amended by chapter 362 of the laws of 2015, 4 are amended to read as follows: 5 Differential in rate of pay because of [sex] protected class status 6 prohibited. 1. "Protected class" includes the list of categories 7 protected from discrimination pursuant to paragraph (a) of subdivision 8 one of section two hundred ninety-six of the executive law. 9 1-a. No employee who is a member of a protected class shall be paid a 10 wage at a rate less than the rate at which an employee [of the opposite11sex] who is not a member of the protected class in the same establish- 12 ment is paid for [equal work on a job the performance of which requires13equal skill, effort and responsibility, and which is performed under14similar working conditions] substantially similar work, when viewed as a 15 composite of skill, effort, and responsibility, and performed under 16 similar working conditions, except where payment is made pursuant to a 17 differential based on: 18 a. a seniority system; 19 b. a merit system; 20 c. a system which measures earnings by quantity or quality of 21 production; or 22 d. a bona fide factor other than [sex] the protected class status, 23 such as education, training, or experience. Such factor: (i) shall not 24 be based upon [or derived from] a [sex-based] differential in compen- 25 sation that was originally derived from a protected class status and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10298-04-9S. 5248 2 1 (ii) shall be job-related with respect to the position in question and 2 shall be consistent with business necessity. Such exception under this 3 paragraph shall not apply when the employee demonstrates (A) that an 4 employer uses a particular employment practice that causes a disparate 5 impact on the basis of [sex] protected class status, (B) that an alter- 6 native employment practice exists that would serve the same business 7 purpose and not produce such differential, and (C) that the employer has 8 refused to adopt such alternative practice. 9 § 2. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law.