Senate Bill S5391A

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

                                 5391--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT directing the president of the civil service commission to study
  and publish a report evaluating wage disparities among public  employ-
  ers

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

  Section 1. Policy of the state. It is the  policy  of  this  state  to
pursue the establishment of equitable compensation relationships between
female-dominated,  male-dominated, and other segregated titles to elimi-
nate wage disparities in  public  employment  statewide.    Compensation
relationships  are equitable when the primary consideration in negotiat-
ing, establishing, recommending, and approving total wages is the equiv-
alent value of the job title content in relationship to other job titles
and position classifications in civil service.
  S 2. Definitions. For the purposes of this act,
  (a) the  term "public employer" shall have  the  same  meaning  as  in
subdivision six of section 201 of the civil service law;
  (b)  the term "position classification" shall have the same meaning as
in subdivision eleven of section two of the civil service law;
  (c) the term "equal jobs" shall mean jobs that are  equal  within  the
meaning of the Equal Pay Act of 1963, 29 U.S.C. 206(d);
  (d) the term "equivalent jobs" shall mean jobs or occupations that are
equal  within  the  meaning  of  the  Equal  Pay  Act of 1963, 29 U.S.C.
206(d), or jobs or occupations that are dissimilar  but  whose  require-
ments  are  equivalent when viewed as a composite of the skills, effort,
responsibilities and working conditions required by the work;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02403-02-4
              

S. 5391--A                          2

  (e) the term "comparable worth" shall mean the equivalent value of two
or more job titles for the purpose of  establishing  equivalent  compen-
sation; and
  (f)  the  term "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, bonus-
es,  commissions, awards, tips, or various forms of non-monetary compen-
sation if provided in lieu of or in addition  to  monetary  compensation
and that have economic value to an employee.
  S  3.  The  president  of the state civil service commission is hereby
directed to study and publish a report evaluating among public employers
the existence of wage disparities related to the job  titles  segregated
by  the  gender,  race  and/or  national  origin of the employees in the
titles. The study and report shall include, but not be limited to:
  (i) the extent of wage disparities among job titles or position  clas-
sifications of equal value;
  (ii)  the  extent of segregation of job titles or position classifica-
tions by gender, race and national origin;
  (iii) the identification of segregated job titles or position  classi-
fications that are equivalent and of comparable worth;
  (iv)  the extent of wage disparities in segregated job titles or posi-
tion classifications that are equivalent and of comparable worth;
  (v) the need for adjustment of wage rates for equivalent job titles or
position classifications to provide compensation  of  comparable  worth;
and
  (vi)  the  plans for adjusting wage rates and other recommendations to
address any wage disparities in both equal jobs and  in  segregated  job
titles or position classifications that are equivalent and of comparable
worth.
  S  4.  Such  study shall use methodologies, such as a systematic point
factor job evaluation system, that do not undervalue  jobs  or  position
classifications  that  disproportionately  employ  women  and/or  racial
and/or national origin minorities to analyze job title or position clas-
sification content and equivalent value.
  S 5. The president of the commission shall use the prescribed  method-
ology  to  determine  if there are wage disparities in segregated titles
based on the equivalent value of the work. The president of the  commis-
sion  shall  also,  by  January  1,  2016,  submit  the  above described
published report to the speaker of the assembly, the minority leader  of
the assembly, the temporary president of the senate, the minority leader
of the senate and the governor's office of employee relations.
  S 6. This act shall take effect immediately.