assembly Bill A6075

Signed By Governor
2015-2016 Legislative Session

Prohibits differential pay because of sex

download bill text pdf

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Archive: Last Bill Status Via S1 - Signed by Governor


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 21, 2015 signed chap.362
Oct 20, 2015 delivered to governor
Apr 27, 2015 returned to senate
passed assembly
ordered to third reading cal.209
substituted for a6075
Apr 27, 2015 substituted by s1
Apr 23, 2015 advanced to third reading cal.209
Apr 22, 2015 reported
reported referred to codes
Mar 12, 2015 referred to labor

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A6075 (ACTIVE) - Details

See Senate Version of this Bill:
S1
Law Section:
Labor Law
Laws Affected:
Amd ยงยง194 & 198, Lab L
Versions Introduced in 2013-2014 Legislative Session:
S5872

A6075 (ACTIVE) - Summary

Prohibits differential pay because of sex.

A6075 (ACTIVE) - Bill Text download pdf

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

                                  6075

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2015
                               ___________

Introduced  by M. of A. TITUS, HEASTIE, ROSENTHAL, JAFFEE, PAULIN, GALEF
  -- read once and referred to the Committee on Labor

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.
                                                           LBD07113-01-5