NY State Senate Bill 2015-S7238

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 11, 2016	referred to labor

2015-S7238 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §194, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4672
2019-2020: S2474

2015-S7238 (ACTIVE) - Summary

Relates to demonstrating the permissibility of a differential rate of pay; provides for a private right of action for such discrimination and penalties for certain violations.

2015-S7238 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7238

 TITLE OF BILL :

An act to amend the labor law, in relation to demonstrating the
permissibility of a differential in rate of pay

 PURPOSE :

To provide protections to employees against wage discrimination on the
basis of sex.

 SUMMARY OF PROVISIONS :

Section 1 amends section 194 of the labor law by adding three new
subdivisions 5, 6 and 7 providing an employer asserting differential
wages are paid for a permissible reason shall demonstrate that such
reason (a) does not perpetuate a sex-based differential in
compensation; and (b) is job-related with respect to the position in
question and is consistent with business necessity. However, such
exception shall not apply when the employee demonstrates (i) that an
employer uses an employment practice that causes a disparate impact on
the basis of sex; (ii) that an alternative employment practice exists
that would serve the same business purpose and not produce such
differential; and (iii) that the employer has refused to adopt such
alternative practice.

Every employer subject to this section shall post a notice to be
prepared or approved by the commissioner, setting forth excerpts of
this section and any other relevant information the commissioner deems
necessary to explain this section. Any employer refusing to comply
shall be punished by a fine of between $100 and $500.

Employees and former employees aggrieved by a violation of this
section may file a civil action in any court of competent jurisdiction
to obtain relief. An aggrieved party may recover unpaid wages and/or
benefits, compensatory damages and liquidated damages in an amount up
to three times the amount of unpaid wages and/or benefits owed,
exclusive of interest, as well as an award of equitable relief,
including reinstatement of employment, fringe benefits and seniority
rights, and reasonable attorneys' fees, including expert fees and
other litigation expenses.

The filing of a civil action under this section shall not preclude the
commissioner from investigating the matter and/or referring the matter
to the attorney general.

An employer who violates this section shall be liable for a civil
penalty in an amount up to 300% of the total amount of wages found to
be due, exclusive of interest, payable directly to the complaining
party. The order may also direct payment of reasonable attorneys' fees
and costs to the complaining party, in addition to directing an
administrative penalty be paid to the Department of Labor in an amount
up to 100% of the total amount of wages found to be due.

Section 2 provides this act shall take effect on the thirtieth day
after it shall have become a law.

 EXISTING LAW :

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 seniority system; a merit system; a system
which measures earnings by quantity or quality of production; or a
bona fide factor other than sex, such as education, training, or
experience.

 JUSTIFICATION :

We must do all we can to protect workers from wage discrimination on
the basis of sex. When an employer asserts there is a permissible
reason for a differential rate of pay, the burden should be on such
employer to demonstrate the reason does not perpetuate a sex-based
differential and is job-related and consistent with business
necessity. Appropriate civil recourse should be available to employees
aggrieved by this form of discrimination.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2015-S7238 (ACTIVE) - Bill Text download pdf

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

                                  7238

                            I N  S E N A T E

                             April 11, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to demonstrating the  permis-
  sibility of a differential in rate of pay

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

  Section 1. Section 194 of the labor law is amended by adding three new
subdivisions 5, 6 and 7 to read as follows:
  5. AN EMPLOYER ASSERTING  THAT  DIFFERENTIAL  WAGES  ARE  PAID  FOR  A
PERMISSIBLE  REASON  UNDER  SUBDIVISION ONE OF THIS SECTION SHALL DEMON-
STRATE THAT SUCH REASON:
  A. DOES NOT PERPETUATE A SEX-BASED DIFFERENTIAL IN COMPENSATION; AND
  B. IS JOB-RELATED WITH RESPECT TO THE  POSITION  IN  QUESTION  AND  IS
CONSISTENT  WITH BUSINESS NECESSITY. SUCH EXCEPTION UNDER THIS PARAGRAPH
SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES:
  (I) THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT PRACTICE THAT CAUSES
A DISPARATE IMPACT ON THE BASIS OF SEX;
  (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE EXISTS THAT  WOULD  SERVE
THE SAME BUSINESS PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL; AND
  (III)  THAT  THE  EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE PRAC-
TICE.
  6. EVERY EMPLOYER SUBJECT TO THIS SECTION SHALL POST IN A  CONSPICUOUS
PLACE  OR  PLACES  ON  HIS  OR  HER  PREMISES A NOTICE TO BE PREPARED OR
APPROVED BY THE COMMISSIONER, WHICH SHALL SET  FORTH  EXCERPTS  OF  THIS
SECTION  AND ANY OTHER RELEVANT INFORMATION WHICH THE COMMISSIONER DEEMS
NECESSARY TO EXPLAIN THIS SECTION. ANY EMPLOYER REFUSING TO COMPLY  WITH
THE  PROVISIONS  OF THIS SECTION SHALL BE PUNISHED BY A FINE OF NOT LESS
THAN ONE HUNDRED DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS.
  7. A. ANY EMPLOYEE OR FORMER EMPLOYEE, FOR AND ON BEHALF OF HIMSELF OR
HERSELF AND OTHER SIMILARLY  SITUATED  EMPLOYEES,  OR  ANY  ORGANIZATION
REPRESENTING  SUCH  AN  EMPLOYEE  OR  FORMER  EMPLOYEE  AGGRIEVED  BY  A
VIOLATION OF THIS SECTION MAY FILE A CIVIL ACTION IN ANY COURT OF COMPE-
TENT JURISDICTION TO OBTAIN RELIEF.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13762-01-6

S. 7238                             2

  B. AN AGGRIEVED PARTY SHALL BE ENTITLED TO RECOVER  ANY  UNPAID  WAGES
AND/OR  BENEFITS,  COMPENSATORY  DAMAGES,  AND  LIQUIDATED DAMAGES IN AN
AMOUNT UP TO THREE TIMES THE AMOUNT  OF  UNPAID  WAGES  AND/OR  BENEFITS
OWED,  EXCLUSIVE OF INTEREST, AS WELL AS AN AWARD OF APPROPRIATE EQUITA-
BLE  RELIEF,  INCLUDING REINSTATEMENT OF EMPLOYMENT, FRINGE BENEFITS AND
SENIORITY RIGHTS, AND REASONABLE ATTORNEYS' FEES, INCLUDING EXPERT  FEES
AND OTHER LITIGATION EXPENSES.
  C.  THE FILING OF A CIVIL ACTION UNDER THIS SECTION SHALL NOT PRECLUDE
THE COMMISSIONER FROM INVESTIGATING  THE  MATTER  AND/OR  REFERRING  THE
MATTER TO THE ATTORNEY GENERAL.
  D.  AN  EMPLOYER  WHO  VIOLATES THIS SECTION, IN ADDITION TO ANY OTHER
RELIEF TO WHICH ANY DEPARTMENT OR A COMPLAINING PARTY  MAY  BE  ENTITLED
FOR  SUCH  A VIOLATION, SHALL BE LIABLE FOR A CIVIL PENALTY IN AN AMOUNT
UP TO THREE HUNDRED PERCENT OF THE TOTAL AMOUNT OF THE WAGES FOUND TO BE
DUE, EXCLUSIVE OF INTEREST, WHICH  SHALL  BE  PAYABLE  DIRECTLY  TO  THE
COMPLAINING  PARTY.  THE  ORDER  MAY  ALSO  DIRECT PAYMENT OF REASONABLE
ATTORNEYS' FEES AND COSTS  TO  THE  COMPLAINING  PARTY.  THE  ORDER  MAY
FURTHER  DIRECT THAT AN ADMINISTRATIVE PENALTY BE PAID TO THE DEPARTMENT
IN THE AMOUNT UP TO ONE HUNDRED PERCENT OF THE  TOTAL  AMOUNT  OF  WAGES
FOUND TO BE DUE.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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Senate Bill S7238

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

2015-S7238 (ACTIVE) - Details

2015-S7238 (ACTIVE) - Summary

2015-S7238 (ACTIVE) - Sponsor Memo

2015-S7238 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7238

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Labor Committee

2015-S7238 (ACTIVE) - Details

2015-S7238 (ACTIVE) - Summary

2015-S7238 (ACTIVE) - Sponsor Memo

2015-S7238 (ACTIVE) - Bill Text download pdf

Comments