The New York State Senate

                    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.