|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 27, 2018||referred to civil service and pensions|
senate Bill S8087
Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8087 (ACTIVE) - Details
S8087 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8087 SPONSOR: BENJAMIN TITLE OF BILL: An act to amend the civil service law, in relation to a fair, non-biased compensation structure PURPOSE: To ensure public employees have a mechanism to enforce their right to equal pay for equal and equivalent work. SUMMARY OF PROVISIONS: Amends § 115 of the civil service law to define the intent of New York state to comply with the federal "Equal Pay Act of 1963" and "Civil Rights Act of 1964" and to state its intent to ensure a fair and non-bi- ased wage structure for all employees regardless of sex, race or national origin. Adds a private right of action for public employees who are discrimi- nated against in terms of compensation.
S8087 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8087 I N S E N A T E March 27, 2018 ___________ Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the civil service law, in relation to a fair, non-biased compensation structure THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 115 of the civil service law, as added by chapter 790 of the laws of 1958, is amended to read as follows: § 115. Policy of the state. 1. In order to attract unusual merit and ability to the service of the state of New York AND ALL ITS POLITICAL SUBDIVISIONS, to stimulate higher efficiency among the personnel, to provide skilled leadership in administrative departments, to reward merit and to insure to the people and the taxpayers of the state of New York the highest return in services for the necessary costs of govern- ment, it is hereby declared to be the policy of the state [to provide equal pay for equal work;] AND ALL ITS POLITICAL SUBDIVISIONS THEREOF, CONSISTENT WITH THE FEDERAL EQUAL PAY ACT OF 1963 (29 U.S.C. § 206), THE FEDERAL CIVIL RIGHTS ACT (42 U.S.C. § 2000E-2), ARTICLE FIFTEEN OF THE EXECUTIVE LAW, AND SECTION FORTY-C OF THE CIVIL RIGHTS LAW, TO ENSURE A FAIR, NON-BIASED COMPENSATION STRUCTURE FOR ALL EMPLOYEES IN WHICH SEX, RACE, OR NATIONAL ORIGIN IS NOT CONSIDERED EITHER DIRECTLY OR INDIRECTLY IN DETERMINING THE PROPER COMPENSATION FOR A TITLE OR IN DETERMINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES, AND TO PROVIDE regular increases in pay in proper proportion to increase of ability, increase of output and increase of quality of work demonstrated in service. 2. FOR THE PURPOSE OF THIS SECTION, THE TERM "COMPENSATION" SHALL INCLUDE BUT NOT BE LIMITED TO: ALL EARNINGS OF AN EMPLOYEE FOR LABOR OR SERVICES RENDERED, REGARDLESS OF WHETHER THE AMOUNT OF EARNINGS IS PAID ON AN ANNUAL SALARY, HOURLY, BIWEEKLY OR PER DIEM BASIS; REIMBURSEMENT FOR EXPENSES; HEALTH, WELFARE AND RETIREMENT BENEFITS; AND VACATION PAY, SICK PAY, SEPARATION OR HOLIDAY PAY, OR ANY OTHER FORM OF REMUNERATION. 3. (A) WHERE AN EMPLOYEE BELIEVES HE OR SHE IS BEING DISCRIMINATED AGAINST IN TERMS OF COMPENSATION IN VIOLATION OF THIS SECTION, SUCH EMPLOYEE MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO RECOVER THE EQUITABLE AND MONETARY RELIEF DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION.
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