Senate Bill S4672

2017-2018 Legislative Session

Relates to demonstrating the permissibility of a differential rate of pay

download bill text pdf

Sponsored By

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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2017-S4672 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §194, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7238
2019-2020: S2474

2017-S4672 (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.

2017-S4672 (ACTIVE) - Sponsor Memo

2017-S4672 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4672
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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