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Assembly Bill A6407

2013-2014 Legislative Session

Relates to implementing stricter penalties for unlawful wage discrimination and creating the crime of unlawful wage discrimination

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Archive: Last Bill Status - In Assembly Committee

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2013-A6407 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L; add §245.07, amd §80.10, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A2707

2013-A6407 (ACTIVE) - Summary

Relates to implementing stricter penalties for unlawful wage discrimination; creates the crime of unlawful wage discrimination.

2013-A6407 (ACTIVE) - Bill Text download pdf 

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

                                  6407

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M. of A. KATZ -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the executive law and the  penal  law,  in  relation  to
  implementing  stricter  penalties for unlawful wage discrimination and
  creating the crime of unlawful wage discrimination

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

  Section  1.  Subdivision  1  of  section  296  of the executive law is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)(I) NO EMPLOYER SHALL DISCRIMINATE, WITHIN ANY  ESTABLISHMENT  IN
WHICH  INDIVIDUALS  ARE  EMPLOYED,  BETWEEN EMPLOYEES ON BASIS OF SEX BY
PAYING WAGES TO EMPLOYEES IN SUCH ESTABLISHMENT AT A RATE LESS THAN  THE
RATE  AT  WHICH HE OR SHE PAYS WAGES TO EMPLOYEES OF THE OPPOSITE SEX IN
SUCH ESTABLISHMENT FOR EQUAL WORK  ON  JOBS  THE  PERFORMANCE  OF  WHICH
REQUIRES   EQUAL  SKILL,  EFFORT,  AND  RESPONSIBILITY,  AND  WHICH  ARE
PERFORMED UNDER SIMILAR WORKING CONDITIONS. PROVIDED, HOWEVER,  THAT  AN
EMPLOYER  WHO  IS  PAYING  A WAGE RATE DIFFERENTIAL IN VIOLATION OF THIS
PARAGRAPH SHALL NOT, IN ORDER TO COMPLY  WITH  THE  PROVISIONS  OF  THIS
PARAGRAPH, REDUCE THE WAGE RATE OF ANY EMPLOYEE.
  (II) IN ADDITION TO ANY CIVIL CAUSES OF ACTION, A PERSON THAT KNOWING-
LY  DISCRIMINATES UNDER THE PROVISIONS OF THIS PARAGRAPH, MAY BE CHARGED
WITH  THE  CRIME  OF  UNLAWFUL  WAGE  DISCRIMINATION  PURSUANT  TO   THE
PROVISIONS OF SECTION 245.07 OF THE PENAL LAW.
  S  2.  The penal law is amended by adding a new section 245.07 to read
as follows:
S 245.07 UNLAWFUL WAGE DISCRIMINATION.
  A PERSON IS GUILTY OF UNLAWFUL WAGE  DISCRIMINATION  WHEN  HE  OR  SHE
KNOWINGLY,  PAYS WAGES AT A RATE LESS THAN THE RATE PAID TO EMPLOYEES OF
THE OPPOSITE SEX WITHIN THE SAME ESTABLISHMENT FOR EQUAL  WORK  ON  JOBS
THE  PERFORMANCE OF WHICH REQUIRES EQUAL SKILL, EFFORT, AND RESPONSIBIL-
ITY, AND WHICH ARE PERFORMED UNDER SIMILAR WORKING CONDITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09274-01-3

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