S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3262
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens. PARKER, BAILEY, KENNEDY, PERKINS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Civil Service and Pensions
 
 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.
   § 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;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07410-01-7

 S. 3262                             2
 
   (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.
   § 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:
   (a)  the extent of wage disparities among job titles or position clas-
 sifications of equal value;
   (b) the extent of segregation of job titles  or  position  classifica-
 tions by gender, race and national origin;
   (c)  the  identification  of segregated job titles or position classi-
 fications that are equivalent and of comparable worth;
   (d) the extent of wage disparities in segregated job titles  or  posi-
 tion classifications that are equivalent and of comparable worth;
   (e) the need for adjustment of wage rates for equivalent job titles or
 position  classifications  to  provide compensation of comparable worth;
 and
   (f) 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.
   § 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.
   §  5.  The  president  of  the  civil service commission shall use the
 prescribed methodology to determine if there  are  wage  disparities  in
 segregated  titles based on the equivalent value of the work. The presi-
 dent of the civil service commission shall also,  by  January  1,  2019,
 submit the above described published report to the speaker of the assem-
 bly, 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.
   § 6. This act shall take effect immediately.