senate Bill S838A

2019-2020 Legislative Session

Establishes policy of equal pay for both sexes and equivalent value of work and directs the taking of corrective action

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to civil service and pensions
Jun 20, 2019 committed to rules
Jun 04, 2019 amended on third reading 838a
Mar 14, 2019 advanced to third reading
Mar 13, 2019 2nd report cal.
Mar 12, 2019 1st report cal.281
Feb 04, 2019 reported and committed to finance
Jan 09, 2019 referred to civil service and pensions

Votes

view votes

Mar 12, 2019 - Finance committee Vote

S838
17
2
committee
17
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Feb 4, 2019 - Civil Service and Pensions committee Vote

S838
4
0
committee
4
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 4, 2019

aye wr (3)

Co-Sponsors

S838 - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §118, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5271
2011-2012: S248
2013-2014: S1871
2015-2016: S3249
2017-2018: S5480

S838 - Summary

Seeks to comply with the federal equal pay act of 1963 by implementing a state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles having been segregated by sex, race or national origin.

S838 - Sponsor Memo

S838 - Bill Text download pdf


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

                                   838

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             January 9, 2019
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

AN  ACT  to  amend  the civil service law, in relation to implementing a
  state policy of setting salaries on the basis of equivalent  value  of
  work

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

  Section 1.  Paragraph (c) of subdivision 1 of section 118 of the civil
service law, as added by chapter 790 of the laws of 1958, is amended and
three new paragraphs (d), (e) and (f) are added to read as follows:
  (c) The principle of fair and equal  pay  for  similar  work  AND  FOR
EQUIVALENT  VALUE  OF  WORK  shall be followed in the classification and
reclassification and the allocation and reallocation of positions pursu-
ant to this article and all positions having the  same  title  shall  be
allocated to the same salary grade.  EQUIVALENT VALUE OF WORK SHALL MEAN
TITLES  OR POSITION CLASSIFICATIONS THAT ARE EQUAL WITHIN THE MEANING OF
THE EQUAL PAY ACT OF 1963, 29 U.S.C. 206(D), OR TITLES OR POSITION CLAS-
SIFICATIONS THAT ARE DISSIMILAR BUT WHOSE REQUIREMENTS  ARE  EQUIVALENT,
WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING
CONDITIONS.  THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE OF
WORK REQUIRES THAT CONSIDERATION OF SEX, RACE OR NATIONAL  ORIGIN  SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF COMPENSATION.
  (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO
PAY  DIFFERENT  COMPENSATION  TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2) A BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY  OR  QUALITY
OF PRODUCTION;
  (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03288-01-9

Co-Sponsors

S838A (ACTIVE) - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §118, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5271
2011-2012: S248
2013-2014: S1871
2015-2016: S3249
2017-2018: S5480

S838A (ACTIVE) - Summary

Seeks to comply with the federal equal pay act of 1963 by implementing a state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles having been segregated by sex, race or national origin.

S838A (ACTIVE) - Sponsor Memo

S838A (ACTIVE) - Bill Text download pdf


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

                                 838--A
    Cal. No. 281

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             January 9, 2019
                               ___________

Introduced  by  Sens.  MONTGOMERY, LIU, THOMAS -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Civil
  Service  and  Pensions  --  reported favorably from said committee and
  committed to the Committee on Finance -- reported favorably 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 civil service law, in relation to implementing a
  state policy of setting salaries on the basis of equivalent  value  of
  work

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

  Section 1.  Paragraph (c) of subdivision 1 of section 118 of the civil
service law, as added by chapter 790 of the laws of 1958, is amended and
three new paragraphs (d), (e) and (f) are added to read as follows:
  (c) The principle of fair and equal  pay  for  similar  work  AND  FOR
EQUIVALENT  VALUE  OF  WORK  shall be followed in the classification and
reclassification and the allocation and reallocation of positions pursu-
ant to this article and all positions having the  same  title  shall  be
allocated to the same salary grade.  EQUIVALENT VALUE OF WORK SHALL MEAN
TITLES  OR  POSITION CLASSIFICATIONS THAT ARE EQUAL BASED ON AN EXAMINA-
TION OF THE QUALIFICATIONS FOR AND THE NATURE AND PURPOSE OF  THE  WORK,
ORGANIZATION, AND SUPERVISORY RELATIONSHIPS AND BASIC DUTIES AND RESPON-
SIBILITIES,  OR  TITLES  OR POSITION CLASSIFICATIONS THAT ARE DISSIMILAR
BUT WHOSE REQUIREMENTS ARE EQUIVALENT, BASED ON AN  EXAMINATION  OF  JOB
QUALIFICATIONS,  KIND OF WORK PERFORMED, THE LEVEL OF RESPONSIBILITY FOR
THAT WORK, THE SKILLS UTILIZED, THE  EFFORT  REQUIRED  AND  THE  WORKING
CONDITIONS.  THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE OF
WORK REQUIRES THAT CONSIDERATION OF SEX, RACE OR NATIONAL  ORIGIN  SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF COMPENSATION.

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

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