assembly Bill A8093A

Signed By Governor
2019-2020 Legislative Session

Relates to prohibiting certain wage differentials

download bill text pdf

Sponsored By

Current 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

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.

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.

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