Implements state policy of fair and equal pay for equivalent value of work

Title of bill

An act to amend the civil service law, in relation to implementing a state policy of fair and equal pay for equivalent value of work

Purpose or general idea of bill

The purpose of this bill is to ensure that public employees, regardless of sex, race or national origin working in positions of comparable worth are paid equally.

Summary of provisions

Adds a new section 28 to:

1. Define intent of New York state and its political subdivisions to comply with the federal "Equal Pay Act of 1963" and "Civil Rights Act of 1964" and to state its intent to ensure a fair and non-biased wage structure for all employees regardless of sex, race or national origin.

2. Define how comparable value of job titles shall be determined, what exceptions are allowed and the interaction with collective bargaining.

3. Authorize the Civil Service Commission to develop regulations for determining equivalent value of work; define the segregation of job titles; and provide technical assistance to political subdivisions.

4. Require local civil service administrations to report to the President of the Civil Service Commission every five years on those segregated titles for which wage disparity exists.

5. Require local civil service administrations to report to the President of the Civil Service Commission whenever they create new titles and find that a segregated title exists.

6. Require an employer to correct the existence of segregated titles.

Justification

The National Committee on Pay Equity found the median salary of women working full-time was 78.3 percent of men's median income in 2013. This shows a narrowing of the wage gap by less than half a percent per year since the Federal Pay Equity Act was signed in 1963. Over a working lifetime, this wage disparity costs the average woman an estimated $700,000 to $2 million, not including the negative impact the difference also has on both Social Security and pension benefits for women. With the overwhelming number of women in the workplace that have the same education, skills and experience as their male counterparts, the fact that women make 77 percent of their male counterparts is startling and unjustifiable.

In today's workplace female-dominated fields tend to be under-valued in relation to comparable jobs that are typically held by men. Administrative assistants tend to be paid less than custodians, emergency services operators less than fire dispatchers. This is unacceptable. Jobs traditionally held by women still pay less than those typically held by men, and when you examine the discrepancies between men and women of color, the rates are even more alarming In 2008, African American women earned 68 percent of men's, and Latinos earned 58 percent of Latino men. This legislation will ensure that public sector jobs that have equivalent value receive equal pay and ensure a fair, non-biased compensation structure for all employees in which sex, race or national origin is not a consideration either

directly or indirectly in determining the proper compensation for any individual or group of employees.

Prior legislative history

2014: A.1729A 02/03/14 Third Reading 2013: A.1729 04/16/13 Passed Assembly 2011-12: A.6448 Passed Assembly 2009-10: A.6712 Passed Assembly 2007-08: A.957 Passed Assembly 2006: A.9466 Passed Assembly 2005: A.1470 Passed Assembly 2003-04: A.6237 Passed Assembly 2001-02: A.7012 Passed Assembly

Fiscal implications for state and local governments

None where employees in positions of comparable worth are paid the same salary or rate.

Effective date

This act shall take effect immediately.