Senate Bill S5271

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5271

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

AN  ACT  to  amend  the civil service law, in relation to implementing a
  state policy of setting salaries on  the  basis  of  comparability  of
  value of the work

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 115 of the civil service law, as added  by  chapter
790 of the laws of 1958, is amended to read as follows:
  S  115.    Policy  of the state. IT IS THE POLICY OF NEW YORK STATE TO
COMPLY WITH THE LETTER AND SPIRIT OF  THE  FEDERAL  "EQUAL  PAY  ACT  OF
1963,"  PUB. L. 88-38 (29 U.S.C. S 206) WHICH REQUIRES THAT EMPLOYEES OF
BOTH SEXES RECEIVE EQUAL PAY FOR EQUAL WORK, THE FEDERAL  "CIVIL  RIGHTS
ACT  OF  1964,"  PUB.  L.   88-352 (42 U.S.C. S 2000E-2) WHICH PROHIBITS
DISCRIMINATION ON THE BASIS OF SEX, RACE, AND  NATIONAL  ORIGIN  IN  ALL
TERMS  OF  EMPLOYMENT,  ARTICLE FIFTEEN OF THE EXECUTIVE LAW AND SECTION
FORTY-C OF THE CIVIL RIGHTS LAW, WHICH PROHIBIT  DISCRIMINATION  ON  THE
BASIS  OF  SEX,  RACE  OR  NATIONAL  ORIGIN  IN ALL TERMS OF EMPLOYMENT.
CONSISTENT WITH THESE LAWS, IT IS THE POLICY OF THE STATE  TO  ENSURE  A
FAIR, NON-BIASED WAGE STRUCTURE FOR ITS EMPLOYEES IN WHICH SEX, RACE, OR
NATIONAL  ORIGIN IS NOT A CONSIDERATION EITHER DIRECTLY OR INDIRECTLY IN
DETERMINING THE PROPER COMPENSATION FOR A TITLE IN STATE SERVICE, NOR IN
DETERMINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES.  In  order
to  attract unusual merit and ability to the service of the state of New
York, to stimulate higher efficiency among  the  personnel,  to  provide
skilled leadership in administrative departments, to reward merit and to
insure  to  the  people  and  the taxpayers of the state of New York the
highest return in services for the necessary costs of government, it  is
[hereby declared to be] the policy of the state to provide equal pay for
[equal]  SIMILAR  work  AND  FOR  WORK  OF COMPARABLE VALUE, and regular

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05672-01-9
              

S. 5271                             2

increases in pay in proper proportion to increase of  ability,  increase
of output and increase of quality of work demonstrated in service.
  S  2.  Paragraph  (c)  of  subdivision  1  of section 118 of the civil
service law, as added by chapter 790 of the laws of 1958, is amended  to
read as follows:
  (c)  The principle of fair and equal pay for similar work AND FOR WORK
OF COMPARABLE VALUE shall be followed in the classification and  reclas-
sification  and the allocation and reallocation of positions pursuant to
this article and all positions having the same title shall be  allocated
to  the  same  salary  grade.  COMPARABLE  VALUE  SHALL BE DETERMINED BY
COMPARING JOB TITLES ON THE BASIS OF STANDARDS WHICH INCLUDE THE COMPOS-
ITE OF SUCH BASIC ELEMENTS OF A JOB AS THE KNOWLEDGE,  SKILLS,  ACCOUNT-
ABILITY, MENTAL OR PHYSICAL STRESS AND EFFORT, EXTRAORDINARY DANGERS AND
RESPONSIBILITIES  NORMALLY  REQUIRED  TO SATISFACTORILY PERFORM THE JOB.
THE PRINCIPLE OF FAIR  AND  EQUAL  PAY  FOR  WORK  OF  COMPARABLE  VALUE
REQUIRES  THAT  CONSIDERATION  OF SEX, RACE OR NATIONAL ORIGIN SHALL NOT
INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF SALARIES.
  S 3. The civil service law is amended by adding a new section  119  to
read as follows:
  S  119. COMPARABILITY OF VALUE OF WORK; SEGREGATED JOB TITLES REVIEWED
AND ADJUSTED. 1. THE LEGISLATURE FINDS THAT DESPITE THE  POLICY  OF  NEW
YORK  STATE  AS DECLARED IN SECTION ONE HUNDRED FIFTEEN OF THIS ARTICLE,
JOB TITLES WHICH ARE SEGREGATED BY SEX, RACE,  OR  NATIONAL  ORIGIN  MAY
HAVE  BEEN UNDERVALUED AND ASSIGNED WAGES WHICH DO NOT REFLECT THE RELA-
TIVE WORTH OF THE JOB. IT IS THE INTENT OF  THE  LEGISLATURE  TO  REMEDY
SUCH UNDERVALUATION AND TO CORRECT SUCH DISPARITIES.
  2.  FOR PURPOSES OF THIS SECTION SEGREGATED TITLES (X) MEANS TITLES OR
ANY CLASS OF TITLES IN WHICH THE NUMBER OF INCUMBENTS OF A SEX, RACE  OR
NATIONAL  ORIGIN  IS GREATER THAN THE SUM OF THE PERCENTAGE OF THAT SEX,
RACE OR NATIONAL ORIGIN IN THE STATE SERVICE (P) PLUS TWENTY PERCENT  OF
THAT  PERCENTAGE  (.2(P)).  THIS  IS REPRESENTED BY THE FORMULA (X = P +
.2(P)).
  3. THE PRESIDENT OF THE COMMISSION SHALL, BY  JANUARY  FIRST  OF  EACH
YEAR,  SUBMIT  TO  THE LEGISLATURE AND THE GOVERNOR'S OFFICE OF EMPLOYEE
RELATIONS,   A   LIST   SHOWING,   BY   NEGOTIATING   UNIT    AND    FOR
MANAGEMENT/CONFIDENTIAL  EMPLOYEES,  THOSE SEGREGATED TITLES FOR WHICH A
DISPARITY EXISTS BASED ON THE COMPARABILITY OF THE VALUE  OF  THE  WORK.
SUCH  PRESIDENT  SHALL  ALSO  SUBMIT  TO THE LEGISLATURE, THE GOVERNOR'S
OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF THE BUDGET  ALONG  WITH
THE  LIST,  AN  ESTIMATE  OF THE APPROPRIATION NECESSARY TO CORRECT SUCH
DISPARITIES.
  4. BEGINNING WITH THE BUDGET  REQUESTS  FOR  THE  SECOND  FISCAL  YEAR
COMMENCING  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL
INCLUDE THE APPROPRIATION NECESSARY TO ENSURE THAT SALARIES ARE  SET  IN
ACCORDANCE  WITH SUBDIVISION ONE OF THIS SECTION AND SECTION ONE HUNDRED
FIFTEEN, AND PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  ONE  HUNDRED
EIGHTEEN OF THIS ARTICLE.
  5. NO SALARY SHALL BE REDUCED TO ACHIEVE COMPARABLE COMPENSATION UNDER
THE PROVISIONS OF THIS SECTION.
  S 4. This act shall take effect immediately.