NY State Senate Bill 2019-S2474

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to labor
Jan 25, 2019	referred to labor

2019-S2474 (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
2017-2018: S4672

2019-S2474 (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.

2019-S2474 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2474

SPONSOR: SANDERS
 
TITLE OF BILL:  An act to amend the labor law, in relation to demon-
strating the permissibility of a differential in rate of pay

 
PURPOSE:

To provide protections to employees against wage discrimination on the
basis of sex

 
SUMMARY OF PROVISIONS:

Section 1 amends section 194 of the labor law by adding three new subdi-
visions 5, 6 and 7 providing an employer asserting differential wages
are paid for a permissible reason shall demonstrate 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. However, such exception shall not apply when
the employee demonstrates (i) that an employer uses an employment prac-
tice that causes a disparate impact on the basis of sex; (ii) that an

alternative employment practice exists that would serve the same busi-
ness purpose and not produce such differential; and (iii) that the
employer has refused to adopt Every employer subject to this section
shall post a notice to be

prepared or approved by the commissioner, setting forth excerpts of this
section and any other relevant information the commissioner deems neces-
sary to explain this section. Any employer refusing to comply shall be
punished by a fine of between $100 and $500.

Employees and former employees aggrieved by a violation of this section
may file a civil action in any court of competent jurisdiction to obtain
relief. An aggrieved party may recover unpaid wages and/or benefits,
compensatory damages and liquidated damages in an amount up to three
times the amount of unpaid wages and/or benefits owed, exclusive of
interest, as well as an award of equitable relief, including rein-
statement of employment, fringe benefits and seniority rights, and
reasonable attorneys' fees, including expert fees and other litigation
expenses.

The filing of a civil action under this section shall not preclude the
commissioner from investigating the matter and/or referring the matter
to the attorney general.

An employer who violates this section shall be liable for a civil penal-
ty in an amount up to 300% of the total amount of wages found to be due,
exclusive of interest, payable directly to the complaining party. The
order may also direct payment of reasonable attorneys' fees and costs to
the complaining party, in addition to directing an administrative penal-
ty be paid to the Department of Labor in an amount up to 100% of the
total amount of wages found to be due.

Section 2 provides this act shall take effect on the thirtieth day after
it shall have become a law.

 
EXISTING LAW:


No employee shall be paid a wage at a rate less than the rate at which
an employee of the opposite sex in the same establishment is paid for
equal work on a job the performance of which requires equal skill,
effort and responsibility, and which is performed under similar working
conditions, except where payment is made pursuant to a differential
based on a seniority system; a merit system; a system which measures
earnings by quantity or quality of production; or a bona fide factor
other than sex, such as education, training, or experience.

 
JUSTIFICATION:

We must do all we can to protect workers from wage discrimination on the
basis of sex. When an employer asserts there is a permissible reason for
a differential rate of pay, the burden should be on such employer to
demonstrate the reason does not perpetuate a sex-based differential and
is job-related and consistent with business necessity. Appropriate civil
recourse should be available to employees aggrieved by this form of
discrimination.

 
LEGISLATIVE HISTORY:

04/11/16 REFERRED TO LABOR

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2019-S2474 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2474
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2019
                                ___________
 
 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.

                                                            LBD08738-01-9

 S. 2474                             2
 
 VIOLATION OF THIS SECTION MAY FILE A CIVIL ACTION IN ANY COURT OF COMPE-
 TENT JURISDICTION TO OBTAIN RELIEF.
   B.  AN  AGGRIEVED  PARTY SHALL BE ENTITLED TO RECOVER ANY UNPAID WAGES
 AND/OR BENEFITS, COMPENSATORY DAMAGES,  AND  LIQUIDATED  DAMAGES  IN  AN
 AMOUNT  UP  TO  THREE  TIMES  THE AMOUNT OF UNPAID WAGES AND/OR BENEFITS
 OWED, EXCLUSIVE OF INTEREST, AS WELL AS AN AWARD OF APPROPRIATE  EQUITA-
 BLE  RELIEF,  INCLUDING REINSTATEMENT OF EMPLOYMENT, FRINGE BENEFITS AND
 SENIORITY RIGHTS, AND REASONABLE ATTORNEYS' FEES, INCLUDING EXPERT  FEES
 AND OTHER LITIGATION EXPENSES.
   C.  THE FILING OF A CIVIL ACTION UNDER THIS SECTION SHALL NOT PRECLUDE
 THE COMMISSIONER FROM INVESTIGATING  THE  MATTER  AND/OR  REFERRING  THE
 MATTER TO THE ATTORNEY GENERAL.
   D.  AN  EMPLOYER  WHO  VIOLATES THIS SECTION, IN ADDITION TO ANY OTHER
 RELIEF TO WHICH ANY DEPARTMENT OR A COMPLAINING PARTY  MAY  BE  ENTITLED
 FOR  SUCH  A VIOLATION, SHALL BE LIABLE FOR A CIVIL PENALTY IN AN AMOUNT
 UP TO THREE HUNDRED PERCENT OF THE TOTAL AMOUNT OF THE WAGES FOUND TO BE
 DUE, EXCLUSIVE OF INTEREST, WHICH  SHALL  BE  PAYABLE  DIRECTLY  TO  THE
 COMPLAINING  PARTY.  THE  ORDER  MAY  ALSO  DIRECT PAYMENT OF REASONABLE
 ATTORNEYS' FEES AND COSTS  TO  THE  COMPLAINING  PARTY.  THE  ORDER  MAY
 FURTHER  DIRECT THAT AN ADMINISTRATIVE PENALTY BE PAID TO THE DEPARTMENT
 IN THE AMOUNT UP TO ONE HUNDRED PERCENT OF THE  TOTAL  AMOUNT  OF  WAGES
 FOUND TO BE DUE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S2474

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

2019-S2474 (ACTIVE) - Details

2019-S2474 (ACTIVE) - Summary

2019-S2474 (ACTIVE) - Sponsor Memo

2019-S2474 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

2019-S2474 (ACTIVE) - Details

2019-S2474 (ACTIVE) - Summary

2019-S2474 (ACTIVE) - Sponsor Memo

2019-S2474 (ACTIVE) - Bill Text download pdf

Comments