S T A T E O F N E W Y O R K
________________________________________________________________________
753--A
Cal. No. 46
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL, JAFFEE, ROBINSON, PAULIN, SCHIMEL,
WRIGHT, GOTTFRIED, GALEF, WEPRIN, HEVESI, ENGLEBRIGHT, SKOUFIS, CRES-
PO, STECK, SKARTADOS, RUSSELL, STIRPE, SOLAGES, ROBERTS, OTIS --
Multi-Sponsored by -- M. of A. BRENNAN, BUCHWALD, COLTON, COOK, DINOW-
ITZ, FARRELL, GLICK, HEASTIE, HENNESSEY, JACOBS, LUPARDO, MILLMAN,
O'DONNELL, PERRY, WEISENBERG -- read once and referred to the Commit-
tee on Governmental Employees -- advanced to a third reading, amended
and ordered reprinted, retaining its place on the order of third read-
ing
AN ACT to amend the civil service law, in relation to implementing a
state policy of setting salaries on the basis of equivalent value of
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 WAGES FOR A TITLE IN STATE SERVICE, NOR IN DETER-
MINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES. FOR THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02329-03-4
A. 753--A 2
PURPOSE OF THIS CHAPTER, THE TERMS "WAGES" AND WAGE "RATES" SHALL
INCLUDE ALL COMPENSATION, IN ANY FORM, THAT AN EMPLOYER PROVIDES TO
EMPLOYEES IN PAYMENT FOR WORK DONE OR SERVICES RENDERED, INCLUDING BUT
NOT LIMITED TO BASE PAY, BONUSES, COMMISSIONS, AWARDS, TIPS, OR VARIOUS
FORMS OF NON-MONETARY COMPENSATION IF PROVIDED IN LIEU OF OR IN ADDITION
TO MONETARY COMPENSATION AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE. 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 govern-
ment, it is [hereby declared to be] the policy of the state to provide
equal pay for equal AND SIMILAR work AND FOR EQUIVALENT VALUE OF WORK,
and regular increases in pay in proper proportion to increase of abili-
ty, 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 and
two new paragraphs (d) and (e) are added to read as follows:
(c) The principle of fair and equal pay for similar work AND FOR
EQUIVALENT VALUE OF WORK shall be followed in the classification and
reclassification and the allocation and reallocation of positions pursu-
ant to this article and all positions having the same title shall be
allocated to the same salary grade. EQUIVALENT VALUE OF WORK SHALL MEAN
TITLES OR POSITION CLASSIFICATIONS THAT ARE EQUAL WITHIN THE MEANING OF
THE EQUAL PAY ACT OF 1963, 29 U.S.C. 206(D), OR TITLES OR POSITION CLAS-
SIFICATIONS THAT ARE DISSIMILAR BUT WHOSE REQUIREMENTS ARE EQUIVALENT,
WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING
CONDITIONS. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE OF
WORK REQUIRES THAT CONSIDERATION OF SEX, RACE OR NATIONAL ORIGIN SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF WAGES.
(D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO
PAY DIFFERENT WAGE RATES TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE
PURSUANT TO:
(1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
(2) THE GEOGRAPHIC LOCATION OF THE JOB; OR
(3) ANY OTHER BONA FIDE FACTOR OTHER THAN SEX, RACE OR NATIONAL
ORIGIN, PROVIDED HOWEVER, THAT SUCH FACTOR DOES NOT RESULT IN DISCRIMI-
NATION BASED ON SEX, RACE OR NATIONAL ORIGIN.
(E) NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMINISH THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
S 3. The civil service law is amended by adding a new section 119 to
read as follows:
S 119. EQUIVALENT 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 RELATIVE
WORTH OF THE JOB. IT IS THE INTENT OF THE LEGISLATURE TO REMEDY SUCH
UNDERVALUATION AND TO CORRECT SUCH DISPARITIES.
2. THE CIVIL SERVICE COMMISSION SHALL PROMULGATE REGULATIONS SPECIFY-
ING THE METHODOLOGY FOR DETERMINING EQUIVALENT VALUE OF WORK BASED ON
SKILL, EFFORT, RESPONSIBILITY, AND WORKING CONDITIONS. ANY METHODOLOGY
PRESCRIBED BY THE COMMISSION, SUCH AS A SYSTEMATIC POINT FACTOR JOB
A. 753--A 3
EVALUATION SYSTEM, SHALL ENSURE THAT COMPARISON SYSTEMS DO NOT IGNORE OR
UNDERVALUE THE WORTH OF JOBS WHERE WOMEN AND MINORITIES ARE DISPROPOR-
TIONATELY REPRESENTED. FOR THE PURPOSES OF THIS CHAPTER, A SEGREGATED
TITLE SHALL CONSTITUTE ANY TITLE IN WHICH THE TOTAL PERCENTAGE OF
EMPLOYEES OF A PARTICULAR SEX, RACE OR NATIONAL ORIGIN IN THE TITLE IS
EQUAL TO OR GREATER THAN ONE HUNDRED TWENTY PERCENT OF THE PERCENTAGE OF
THAT SEX, RACE OR NATIONAL ORIGIN IN THE STATE SERVICE.
3. THE PRESIDENT SHALL, BY JANUARY FIRST, TWO THOUSAND FIFTEEN, AND
EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE AND THE GOVER-
NOR'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 EQUIVALENT VALUE OF THE WORK. THE
PRESIDENT SHALL ALSO SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF
EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET ALONG WITH THE LIST, AN
ESTIMATE OF THE APPROPRIATION NECESSARY TO CORRECT SUCH DISPARITIES.
WHEN THE DEPARTMENT CREATES NEW TITLES OR, BECAUSE OF MERGES OR TAKE-
OVERS, TRANSFERS STATE WORKFORCE FROM ONE TITLE TO ANOTHER TITLE, THE
PRESIDENT SHALL RE-SUBMIT SUCH LIST OF ANY SEGREGATED TITLES FOR WHICH
A DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE OF WORK AND SHALL
SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS
AND THE DIVISION OF BUDGET WITH SUCH LIST AN ESTIMATE OF THE APPROPRI-
ATION NECESSARY TO CORRECT SUCH DISPARITIES.
4. BEGINNING WITH THE BUDGET REQUESTS FOR THE FIRST FISCAL YEAR
COMMENCING AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL
INCLUDE THE APPROPRIATION NECESSARY TO ENSURE THAT WAGES 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. THE PRESIDENT SHALL NOT, IN ORDER TO COMPLY WITH THIS SECTION,
REDUCE THE WAGES OF ANY EMPLOYEE OR REDUCE THE WAGE RATE FOR ANY POSI-
TION.
S 4. This act shall take effect immediately.