S T A T E O F N E W Y O R K
________________________________________________________________________
6894--A
2013-2014 Regular Sessions
I N A S S E M B L Y
April 23, 2013
___________
Introduced by M. of A. NOLAN, CUSICK, BARRETT, ROSA, JAFFEE, BRONSON,
MAISEL, ROSENTHAL, SEPULVEDA, GIBSON, MOYA, LAVINE, RIVERA, ROBINSON,
COOK, CAHILL, HOOPER, MILLMAN, BOYLAND, STECK, SCHIMEL -- Multi-Spon-
sored by -- M. of A. ABBATE, BRENNAN, FARRELL, GALEF, GLICK, GOTT-
FRIED, PERRY, SOLAGES, SWEENEY, TITONE, WEISENBERG -- read once and
referred to the Committee on Labor -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the labor law, in relation to the New York state equal
pay act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "New York
state equal pay act".
S 2. Subdivision 3 of section 190 of the labor law, as amended by
chapter 281 of the laws of 2002, is amended to read as follows:
3. "Employer" includes any person, corporation, limited liability
company, or association employing any individual in any occupation,
industry, trade, business or service. The term "employer" shall not
include a governmental agency, EXCEPT FOR MAYORAL OR NON-MAYORAL AGEN-
CIES OF THE CITY OF NEW YORK OR THE HEALTH AND HOSPITALS CORPORATION OF
THE CITY OF NEW YORK OR THE NEW YORK CITY HOUSING AUTHORITY.
S 3. Section 194 of the labor law is amended by adding two new subdi-
visions 2 and 3 to read as follows:
2. THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION SHALL APPLY
WHERE ANY GROUP OR GROUPS OF EMPLOYEES OF PREDOMINANTLY ONE SEX ARE PAID
LESS THAN ANY GROUP OR GROUPS OF EMPLOYEES OF PREDOMINANTLY THE OPPOSITE
SEX. THE QUESTION AS TO WHETHER GROUPS ARE PREDOMINANTLY ONE SEX OR THE
OTHER SHALL BE A QUESTION OF FACT AND SHALL BE DETERMINED ACCORDINGLY.
THERE SHALL BE NO PRESCRIBED MINIMUM PROPORTIONS REQUIRED TO MAINTAIN AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10292-02-3
A. 6894--A 2
ACTION UNDER THIS SECTION OTHER THAN A SIMPLE MAJORITY OF EMPLOYEES OF
ONE SEX OR THE OTHER IN ANY GROUP.
3. A PERSON SEEKING TO ENFORCE SUCH LIABILITY, INCLUDING A REPRESEN-
TATIVE OF EMPLOYEES AGGRIEVED UNDER SUBDIVISION ONE OF THIS SECTION, MAY
SUE EITHER FOR SUCH PERSON OR FOR OTHER PERSONS SIMILARLY SITUATED, OR
BOTH, IN ANY COURT OF COMPETENT JURISDICTION.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law.