senate Bill S5248A

Signed By Governor
2019-2020 Legislative Session

Relates to prohibiting certain wage differentials

download bill text pdf

Sponsored By

Current Bill Status - 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 (15)
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 17, 2019 referred to ways and means
delivered to assembly
passed senate
Jun 14, 2019 amended on third reading 5248b
Jun 04, 2019 amended on third reading (t) 5248a
May 13, 2019 advanced to third reading
May 08, 2019 2nd report cal.
May 07, 2019 1st report cal.641
Apr 18, 2019 referred to labor

S5248 - Details

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

S5248 - Summary

Prohibits wage differentials based on protected class status.

S5248 - Sponsor Memo

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.

S5248A - Details

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

S5248A - Summary

Prohibits wage differentials based on protected class status.

S5248A - Sponsor Memo

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

S5248B (ACTIVE) - Details

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

S5248B (ACTIVE) - Summary

Prohibits wage differentials based on protected class status.

S5248B (ACTIVE) - Sponsor Memo

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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