senate Bill S5872

2013-2014 Legislative Session

Prohibits differential pay because of sex

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1389
Jan 08, 2014 referred to rules
returned to senate
died in assembly
Jun 21, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1581
Jun 18, 2013 referred to rules

Votes

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Jun 16, 2014 - Rules committee Vote

S5872
22
0
committee
22
Aye
0
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Jun 21, 2013 - Rules committee Vote

S5872
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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S5872 - Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §§194 & 198, Lab L

S5872 - Summary

Prohibits differential pay because of sex.

S5872 - Sponsor Memo

S5872 - Bill Text download pdf

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

                                  5872

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by Sens. SAVINO, LITTLE, BALL, GOLDEN, ROBACH, HANNON -- (at
  request of the Governor) -- read twice and ordered printed,  and  when
  printed to be committed to the Committee on Rules

AN ACT to amend the labor law, in relation to the prohibition of differ-
  ential pay because of sex

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

  Section 1. Subdivision 1 of section 194 of the labor law, as added  by
chapter  548  of the laws of 1966, is amended and three new subdivisions
2, 3 and 4 are added to read as follows:
  1. No employee shall be paid a wage at a rate less than  the  rate  at
which  an employee of the opposite sex in the same establishment is paid
for equal work on a job the performance of which requires  equal  skill,
effort  and responsibility, and which is performed under similar working
conditions, except where payment is  made  pursuant  to  a  differential
based on:
  a. a seniority system;
  b. a merit system;
  c.  a  system  which  measures  earnings  by  quantity  or  quality of
production; or
  d. [any other factor other than sex] A BONA  FIDE  FACTOR  OTHER  THAN
SEX, SUCH AS EDUCATION, TRAINING, OR EXPERIENCE.  SUCH FACTOR: (I) SHALL
NOT  BE  BASED  UPON OR DERIVED FROM A SEX-BASED DIFFERENTIAL IN COMPEN-
SATION AND (II) SHALL BE JOB-RELATED WITH RESPECT  TO  THE  POSITION  IN
QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION
UNDER  THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES (A)
THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT  PRACTICE  THAT  CAUSES  A
DISPARATE IMPACT ON THE BASIS OF SEX, (B) THAT AN ALTERNATIVE EMPLOYMENT
PRACTICE  EXISTS  THAT  WOULD  SERVE  THE  SAME BUSINESS PURPOSE AND NOT
PRODUCE SUCH DIFFERENTIAL, AND (C) THAT  THE  EMPLOYER  HAS  REFUSED  TO
ADOPT SUCH ALTERNATIVE PRACTICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12049-01-3

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