NY State Assembly Bill A8093A

Archive: Last Bill Status Via S5248 - 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 (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 10, 2019	signed chap.93
Jul 09, 2019	delivered to governor
Jun 20, 2019	returned to senate passed assembly
Jun 19, 2019	ordered to third reading rules cal.470 substituted for a8093a
Jun 19, 2019	substituted by s5248b
Jun 17, 2019	ordered to third reading rules cal.470 rules report cal.470 reported reported referred to rules
Jun 14, 2019	print number 8093a
Jun 14, 2019	amend and recommit to ways and means
Jun 13, 2019	reported referred to ways and means
Jun 04, 2019	reported referred to codes
May 31, 2019	referred to labor

Votes

view votes

Jun 17, 2019 - floor Vote

S5248B

floor

Aye

Nay

Absent

Excused

Abstained

May 7, 2019 - Labor committee Vote

S5248

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

A8093 - Details

See Senate Version of this Bill:: S5248
Law Section:: Labor Law
Laws Affected:: Amd §§194 & 197, Lab L

A8093 - Summary

Prohibits wage differentials based on protected class status.

A8093 - Bill Text download pdf


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

                                  8093

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2019
                               ___________

Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
  tee on Labor

AN ACT to amend the labor law, in relation to prohibiting wage differen-
  tials based on protected class status

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

  Section 1. The section heading and subdivisions 1 and 2 of section 194
of  the  labor  law,  the section heading as added by chapter 548 of the
laws of 1966, subdivision 1 as amended and subdivision  2  as  added  by
chapter 362 of the laws of 2015, are amended to read as follows:
  Differential  in  rate  of pay because of [sex] PROTECTED CLASS STATUS
prohibited.  1. No employee WITH STATUS WITHIN  ONE  OR  MORE  PROTECTED
CLASS  OR  CLASSES  shall be paid a wage at a rate less than the rate at
which an employee [of the opposite sex] WITHOUT STATUS WITHIN  THE  SAME
PROTECTED  CLASS  OR  CLASSES in the same establishment is paid for: (A)
equal work on a job the  performance  of  which  requires  equal  skill,
effort  and responsibility, and which is performed under similar working
conditions, OR (B) SUBSTANTIALLY SIMILAR WORK, WHEN VIEWED AS A  COMPOS-
ITE  OF  SKILL,  EFFORT, AND RESPONSIBILITY, AND PERFORMED UNDER SIMILAR
WORKING CONDITIONS; except where payment is made pursuant to a differen-
tial based on:
  [a.] (I) a seniority system;
  [b.] (II) a merit system;
  [c.] (III) a system which measures earnings by quantity or quality  of
production; or
  [d.]  (IV)  a  bona  fide factor other than [sex] STATUS WITHIN ONE OR
MORE PROTECTED CLASS OR CLASSES, such as education, training, or experi-
ence. Such factor: [(i)] (A) shall not be based upon or derived  from  a
[sex-based]  differential  in compensation BASED ON STATUS WITHIN ONE OR
MORE PROTECTED CLASS OR CLASSES and [(ii)] (B) shall be job-related with
respect to the position in question and shall be consistent  with  busi-

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

                                                           LBD13080-03-9

A. 8093                             2

ness necessity. Such exception under this paragraph shall not apply when
the  employee  demonstrates [(A)] (1) that an employer uses a particular
employment practice that causes a disparate impact on the basis of [sex]
STATUS  WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, [(B)] (2) that an
alternative employment practice exists that would serve the  same  busi-
ness  purpose  and not produce such differential, and [(C)] (3) that the
employer has refused to adopt such alternative practice.
  2. For the purpose of subdivision one of this section[,]:  (A)  "busi-
ness  necessity"  shall  be  defined  as  a factor that bears a manifest
relationship to the employment in question, AND  (B)  "PROTECTED  CLASS"
SHALL  INCLUDE  AGE,  RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY,
PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS,  MARITAL  STATUS,
OR  DOMESTIC  VIOLENCE  VICTIM  STATUS,  AND ANY EMPLOYEE PROTECTED FROM
DISCRIMINATION PURSUANT TO PARAGRAPHS (A), (B), AND (C)  OF  SUBDIVISION
ONE  OF  SECTION  TWO  HUNDRED  NINETY-SIX AND ANY INTERN PROTECTED FROM
DISCRIMINATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-C OF THE EXEC-
UTIVE LAW.
  § 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

A8093A (ACTIVE) - Details

See Senate Version of this Bill:: S5248
Law Section:: Labor Law
Laws Affected:: Amd §§194 & 197, Lab L

A8093A (ACTIVE) - Summary

Prohibits wage differentials based on protected class status.

A8093A (ACTIVE) - Bill Text download pdf


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

                                 8093--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2019
                               ___________

Introduced  by M. of A. McMAHON, COLTON -- read once and referred to the
  Committee on Labor -- reported and referred to the Committee  on  Ways
  and  Means -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the labor law, in relation to prohibiting wage differen-
  tials based on protected class status

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

  Section 1. The section heading and subdivisions 1 and 2 of section 194
of  the  labor  law,  the section heading as added by chapter 548 of the
laws of 1966, subdivision 1 as amended and subdivision  2  as  added  by
chapter 362 of the laws of 2015, are amended to read as follows:
  Differential  in  rate  of pay because of [sex] PROTECTED CLASS STATUS
prohibited.  1. No employee WITH STATUS WITHIN  ONE  OR  MORE  PROTECTED
CLASS  OR  CLASSES  shall be paid a wage at a rate less than the rate at
which an employee [of the opposite sex] WITHOUT STATUS WITHIN  THE  SAME
PROTECTED  CLASS  OR  CLASSES in the same establishment is paid for: (A)
equal work on a job the  performance  of  which  requires  equal  skill,
effort  and responsibility, and which is performed under similar working
conditions, OR (B) SUBSTANTIALLY SIMILAR WORK, WHEN VIEWED AS A  COMPOS-
ITE  OF  SKILL,  EFFORT, AND RESPONSIBILITY, AND PERFORMED UNDER SIMILAR
WORKING CONDITIONS; except where payment is made pursuant to a differen-
tial based on:
  [a.] (I) a seniority system;
  [b.] (II) a merit system;
  [c.] (III) a system which measures earnings by quantity or quality  of
production; or
  [d.]  (IV)  a  bona  fide factor other than [sex] STATUS WITHIN ONE OR
MORE PROTECTED CLASS OR CLASSES, such as education, training, or experi-
ence. Such factor: [(i)] (A) shall not be based upon or derived  from  a
[sex-based]  differential  in compensation BASED ON STATUS WITHIN ONE OR

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

                                                           LBD13080-04-9

A. 8093--A                          2

MORE PROTECTED CLASS OR CLASSES and [(ii)] (B) shall be job-related with
respect to the position in question and shall be consistent  with  busi-
ness necessity. Such exception under this paragraph shall not apply when
the  employee  demonstrates [(A)] (1) that an employer uses a particular
employment practice that causes a disparate impact on the basis of [sex]
STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, [(B)] (2) that  an
alternative  employment  practice exists that would serve the same busi-
ness purpose and not produce such differential, and [(C)] (3)  that  the
employer has refused to adopt such alternative practice.
  2.  For  the purpose of subdivision one of this section[,]: (A) "busi-
ness necessity" shall be defined as  a  factor  that  bears  a  manifest
relationship  to  the  employment in question, AND (B) "PROTECTED CLASS"
SHALL INCLUDE AGE, RACE, CREED, COLOR, NATIONAL  ORIGIN,  SEXUAL  ORIEN-
TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY,
PREDISPOSING  GENETIC  CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS,
OR DOMESTIC VIOLENCE VICTIM STATUS,  AND  ANY  EMPLOYEE  PROTECTED  FROM
DISCRIMINATION  PURSUANT  TO PARAGRAPHS (A), (B), AND (C) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED NINETY-SIX  AND  ANY  INTERN  PROTECTED  FROM
DISCRIMINATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-C OF THE EXEC-
UTIVE LAW.
  §  2.  Section  197 of the labor law, as amended by chapter 564 of the
laws of 2010, is amended to read as follows:
  § 197. Civil penalty. Any employer who fails to pay the wages  of  his
employees  or  shall  differentiate  in  rate  of  pay  because of [sex]
PROTECTED CLASS STATUS, as provided in this article,  shall  forfeit  to
the  people  of  the state the sum of five hundred dollars for each such
failure, to be recovered by the commissioner in any legal action  neces-
sary, including administrative action or a civil action.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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The New York State Senate

assembly Bill A8093A

Sponsored By

Archive: Last Bill Status Via S5248 - Signed by Governor

Your Voice

Actions

Votes

Jun 17, 2019 - floor Vote

Floor Vote: Jun 17, 2019

May 7, 2019 - Labor committee Vote

Committee Vote: May 7, 2019

Bill Amendments

Co-Sponsors

A8093 - Details

A8093 - Summary

A8093 - Bill Text download pdf

Co-Sponsors

A8093A (ACTIVE) - Details

A8093A (ACTIVE) - Summary

A8093A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A8093A

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Sponsored By

MCMAHON

Archive: Last Bill Status Via S5248 - Signed by Governor

Your Voice

Actions

Votes

Jun 17, 2019 - floor Vote

Floor Vote: Jun 17, 2019

May 7, 2019 - Labor committee Vote

Committee Vote: May 7, 2019

Bill Amendments

Co-Sponsors

William Colton

A8093 - Details

A8093 - Summary

A8093 - Bill Text download pdf

Co-Sponsors

William Colton

A8093A (ACTIVE) - Details

A8093A (ACTIVE) - Summary

A8093A (ACTIVE) - Bill Text download pdf

Comments