Senate Bill S5248

Signed By Governor
2019-2020 Legislative Session

Relates to prohibiting certain wage differentials

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

2019-S5248 - Details

Law Section:
Labor Law
Laws Affected:
Amd §194, Lab L

2019-S5248 - Summary

Prohibits wage differentials based on protected class status.

2019-S5248 - Sponsor Memo

2019-S5248 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5248
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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  the  prohibition  of  a
   differential rate of pay on the basis of 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 subdivision 1 of section 194 of the
 labor law, the section heading as added by chapter 548 of  the  laws  of
 1966  and  subdivision  1 as amended 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.  "PROTECTED  CLASS"  INCLUDES  THE  LIST OF CATEGORIES
 PROTECTED FROM DISCRIMINATION PURSUANT TO PARAGRAPH (A)  OF  SUBDIVISION
 ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
   1-A.  No employee WHO IS A MEMBER OF A PROTECTED CLASS shall be paid a
 wage at a rate less than the rate at which an employee [of the  opposite
 sex]  WHO  IS NOT A MEMBER OF THE PROTECTED CLASS in the same establish-
 ment 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] SUBSTANTIALLY SIMILAR WORK, WHEN VIEWED AS A
 COMPOSITE OF SKILL, EFFORT,  AND  RESPONSIBILITY,  AND  PERFORMED  UNDER
 SIMILAR  WORKING  CONDITIONS, except where payment is made pursuant to a
 differential based on:
   a. a seniority system;
   b. a merit system;
   c. a  system  which  measures  earnings  by  quantity  or  quality  of
 production; or
   d.  a  bona  fide  factor other than [sex] THE PROTECTED CLASS STATUS,
 such as education, training, or experience. Such factor: (i)  shall  not
 be  based  upon  [or derived from] a [sex-based] differential in compen-
 sation THAT WAS ORIGINALLY DERIVED FROM A  PROTECTED  CLASS  STATUS  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2019-S5248A - Details

Law Section:
Labor Law
Laws Affected:
Amd §194, Lab L

2019-S5248A - Summary

Prohibits wage differentials based on protected class status.

2019-S5248A - Sponsor Memo

2019-S5248A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5248--A
     Cal. No. 641
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor -- reported  favora-
   bly  from  said committee, ordered to first and second report, ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-S5248B (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Amd §194, Lab L

2019-S5248B (ACTIVE) - Summary

Prohibits wage differentials based on protected class status.

2019-S5248B (ACTIVE) - Sponsor Memo

2019-S5248B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5248--B
     Cal. No. 641
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor -- reported  favora-
   bly  from  said committee, ordered to first and second report, ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading -- again amended and ordered  reprinted,
   retaining its place in the order of third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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