NY State Senate Bill S5248B

Archive: Last 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

Votes

view votes

Jun 17, 2019 - floor Vote

S5248B

floor

Aye

Nay

Absent

Excused

Abstained

May 7, 2019 - Labor committee Vote

S5248

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

S5248 - Details

See Assembly Version of this Bill:: A8093
Law Section:: Labor Law
Laws Affected:: Amd §§194 & 197, Lab L

S5248 - Summary

Prohibits wage differentials based on protected class status.

S5248 - Sponsor Memo

 
BILL NUMBER: S5248

SPONSOR: BIAGGI
 
TITLE OF BILL:  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


 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit differential rate of pay on the basis of protected class
status

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the labor law to state that a member from a protected
class who performs substantially similar work shall not be paid a wage
at a rate less than the rate of an employee who is not a member of the
protected class.

Section two sets forth the effective date.

 
JUSTIFICATION:

Extending the prohibition of differential rates in pay to members of a
protected class for substantially similar work performed lays the
groundwork at the state-level to close the pay gap currently plaguing
women, people of color, individuals with disabilities, etc.  Substan-
tially similar work takes into consideration a composite of skill,
effort and responsibility, as well as working conditions.

As it stands currently, Latina women make 56ó, Black women make 66ó and
Asian women make 80ó of every dollar earned by non-Hispanic White men.
Further, those with disabilities earn 68% of what those without disabil-
ities are earning. Such disparities lead to detrimental long-term
effects including lower retirement benefits and, thus, financial insta-
bility among vulnerable elderly populations.

This bill, once codified, will ensure that those belonging to a
protected class will not suffer from wage discrimination when substan-
tially similar work is performed.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

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

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.

                                                           LBD10298-04-9

S. 5248                             2

(ii)  shall  be job-related with respect to the position in question and
shall be consistent with business necessity. Such exception  under  this
paragraph  shall  not  apply  when the employee demonstrates (A) that an
employer  uses  a particular employment practice that causes a disparate
impact on the basis of [sex] PROTECTED CLASS STATUS, (B) that an  alter-
native  employment  practice  exists  that would serve the same business
purpose and not produce such differential, and (C) that the employer has
refused to adopt such alternative practice.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

S5248A - Details

See Assembly Version of this Bill:: A8093
Law Section:: Labor Law
Laws Affected:: Amd §§194 & 197, Lab L

S5248A - Summary

Prohibits wage differentials based on protected class status.

S5248A - Sponsor Memo

 
BILL NUMBER: S5248A

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the labor law, in relation to prohib-
iting wage differentials based on protected class status

 
PURPOSE OR GENERAL IDEA OF BILL::

The purpose of this bill is to protect more employees against pay
discrimination.

 
SUMMARY OF PROVISIONS::

Section one of the bill would expand existing pay equity provisions to
require equal pay for substantially similar work, when viewed as a
composite of skill, effort, and responsibility, and performed under
substantially similar working conditions. It would also prohibit pay
differentials based on an individual's status within one or more
protected class or classes. This would include age, race, creed, color,
national origin, sexual orientation, gender identity and expression,
military status, disability, predisposing genetic characteristics, fami-

lial status, marital status, domestic violence victim status, and other
employees and interns protected under the New York State Human Rights
Law.

A differential in rate of pay would be permitted when such differential
is based on a seniority or merit system, a system measuring earnings by
quantity and quality, or bone fide factor other than status within one
or more protected class or classes which is job-related and consistent
with business necessity.

Section 2 of the bill would set forth an effective date of 90 days after
enactment.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION

(IF APPLICABLE):

N/A

 
JUSTIFICATION::

In New York State, our current equal pay laws protect against gender-
based pay discrimination. This bill would address the systemic issue of
pay discrimination due to a range of other factors including age, race,
creed, color, national origin, sexual orientation, gender identity and
expression, military status, disability, predisposing genetic character-
istics, familial status, marital status, and domestic violence victim
status - by prohibiting- differentials in pay based on an employee's
protected class status. These employees are already protected against
other forms of unlawful discrimination in the workplace under the Pen
York State Haman Rights Law, and this would ensure that their employers
cannot also discriminate in terms of their compensation.

Further, the "equal pay for equal work" standard has proved to place an
excessive burden of proof on aggrieved employees when filing a claim for
pay discrimination. In order to establish an equal pay violation, an
employee must demonstrate that their job is substantially equal to the
job of their higher-paid colleague. This bill would lessen this burden
by requiring employers to also ensure equal pay for "substantially simi-
lar work," while still acknowledging that differentials in pay may exist
based on non-discriminatory factors such as seniority, merit, geography,
the quantity or quality of work, or an employee's education, training,
or experience.

 
PRIOR LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

None.

 
EFFECTIVE DATE::

This at shall take effect on the ninetieth day- after enactment.

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

                      [ ] is old law to be omitted.
                                                           LBD10298-05-9

S. 5248--A                          2

[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-
ness necessity. Such exception under this paragraph shall not apply when
the  employee  demonstrates [(A)] (1) that an employer uses a particular
employment practice that causes a disparate impact on the basis of [sex]
STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, [(B)] (2) that  an
alternative  employment  practice exists that would serve the same busi-
ness purpose and not produce such differential, and [(C)] (3)  that  the
employer has refused to adopt such alternative practice.
  2.  For  the purpose of subdivision one of this section[,]: (A) "busi-
ness necessity" shall be defined as  a  factor  that  bears  a  manifest
relationship  to  the  employment in question, AND (B) "PROTECTED CLASS"
SHALL INCLUDE AGE, RACE, CREED, COLOR, NATIONAL  ORIGIN,  SEXUAL  ORIEN-
TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY,
PREDISPOSING  GENETIC  CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS,
OR DOMESTIC VIOLENCE VICTIM STATUS,  AND  ANY  EMPLOYEE  PROTECTED  FROM
DISCRIMINATION  PURSUANT  TO PARAGRAPHS (A), (B), AND (C) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED NINETY-SIX  AND  ANY  INTERN  PROTECTED  FROM
DISCRIMINATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-C OF THE EXEC-
UTIVE LAW.
  §  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Co-Sponsors

S5248B (ACTIVE) - Details

See Assembly Version of this Bill:: A8093
Law Section:: Labor Law
Laws Affected:: Amd §§194 & 197, Lab L

S5248B (ACTIVE) - Summary

Prohibits wage differentials based on protected class status.

S5248B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5248B

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the labor law, in relation to prohib-
iting wage differentials based on protected class status

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to protect more employees against pay
discrimination.

 
SUMMARY OF PROVISIONS:

Section one of the bill would expand existing pay equity provisions to
require equal pay for substantially similar work, when viewed as a
composite of skill, effort, and responsibility, and performed under
substantially similar working conditions. It would also prohibit pay
differentials based on an individual's status within one or more
protected class or classes. This would include age, race, creed, color,
national origin, sexual orientation, gender identity and expression,
military status, disability, predisposing genetic characteristics, fami-

lial status, marital status, domestic violence victim status, and other
employees and interns protected under the New York State Human Rights
Law.

A differential in rate of pay would be permitted when such differential
is based on a seniority or merit system, a system measuring earnings by
quantity and quality, or bona fide factor other than status within one
or more protected class or classes which is job-related and consistent
with business necessity.

Section 2 of the bill would authorize the New York State Department of
Labor to assess a civil penalty for a differential in rate of pay
because of protected class status.

Section 3 of this bill would set forth an effective date of 90 days
after enactment.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version makes a conforming change to § 197 of the Labor Law
to ensure that civil penalties can be assessed for a differential in
rate of pay because of protected class status.

 
JUSTIFICATION:

In New York State, our current equal pay laws protect against gender-
based pay discrimination. This bill would address the systemic issue of
pay discrimination due to a range of other factors - including age,
race, creed, color, national origin, sexual orientation, gender identity
and expression, military status, disability, predisposing genetic char-
acteristics, familial status, marital status, and domestic violence
victim status - by prohibiting differentials in pay based on an employ-
ee's protected class status. These employees are already protected
against other forms of unlawful discrimination in the workplace under
the New York State Human Rights Law, and this would ensure that their
employers cannot also discriminate in terms of their compensation.


Further, the "equal pay for equal work" standard has proved to place an
excessive burden of proof on aggrieved employees when filing a claim for
pay discrimination. In order to establish an equal pay violation, an
employee must demonstrate that their job is substantially equal to the
job of their higher-paid colleague. This bill would lessen this burden
by requiring employers to also ensure equal pay for "substantially simi-
lar work," while still acknowledging that differentials in pay may exist
based on non-discriminatory factors such as seniority, merit, geography,
the quantity or quality of work, or an employee's education, training,
or experience.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after enactment.

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

                      [ ] is old law to be omitted.
                                                           LBD10298-06-9

S. 5248--B                          2

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-
ness necessity. Such exception under this paragraph shall not apply when
the employee demonstrates [(A)] (1) that an employer uses  a  particular
employment practice that causes a disparate impact on the basis of [sex]
STATUS  WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES, [(B)] (2) that an
alternative employment practice exists that would serve the  same  busi-
ness  purpose  and not produce such differential, and [(C)] (3) that the
employer has refused to adopt such alternative practice.
  2. For the purpose of subdivision one of this section[,]:  (A)  "busi-
ness  necessity"  shall  be  defined  as  a factor that bears a manifest
relationship to the employment in question, AND  (B)  "PROTECTED  CLASS"
SHALL  INCLUDE  AGE,  RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY,
PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS,  MARITAL  STATUS,
OR  DOMESTIC  VIOLENCE  VICTIM  STATUS,  AND ANY EMPLOYEE PROTECTED FROM
DISCRIMINATION PURSUANT TO PARAGRAPHS (A), (B), AND (C)  OF  SUBDIVISION
ONE  OF  SECTION  TWO  HUNDRED  NINETY-SIX AND ANY INTERN PROTECTED FROM
DISCRIMINATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-C OF THE EXEC-
UTIVE LAW.
  § 2. Section 197 of the labor law, as amended by chapter  564  of  the
laws of 2010, is amended to read as follows:
  §  197.  Civil penalty. Any employer who fails to pay the wages of his
employees or shall  differentiate  in  rate  of  pay  because  of  [sex]
PROTECTED  CLASS  STATUS,  as provided in this article, shall forfeit to
the people of the state the sum of five hundred dollars  for  each  such
failure,  to be recovered by the commissioner in any legal action neces-
sary, including administrative action or a civil action.
  § 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S5248B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 17, 2019 - floor Vote

Floor Vote: Jun 17, 2019

May 7, 2019 - Labor committee Vote

Committee Vote: May 7, 2019

Bill Amendments

S5248 - Details

S5248 - Summary

S5248 - Sponsor Memo

S5248 - Bill Text download pdf

S5248A - Details

S5248A - Summary

S5248A - Sponsor Memo

S5248A - Bill Text download pdf

Co-Sponsors

S5248B (ACTIVE) - Details

S5248B (ACTIVE) - Summary

S5248B (ACTIVE) - Sponsor Memo

S5248B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5248B

Share this bill

Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 17, 2019 - floor Vote

Floor Vote: Jun 17, 2019

May 7, 2019 - Labor committee Vote

Committee Vote: May 7, 2019

Bill Amendments

S5248 - Details

S5248 - Summary

S5248 - Sponsor Memo

S5248 - Bill Text download pdf

S5248A - Details

S5248A - Summary

S5248A - Sponsor Memo

S5248A - Bill Text download pdf

Co-Sponsors

Robert Jackson

Julia Salazar

S5248B (ACTIVE) - Details

S5248B (ACTIVE) - Summary

S5248B (ACTIVE) - Sponsor Memo

S5248B (ACTIVE) - Bill Text download pdf

Comments