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Sponsors
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History
- Referred to labor
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to demonstrating the permissibility of a differential in rate of pay
Purpose
To provide protections to employees against wage discrimination on the basis of sex.
Summary of provisions
Section 1 amends section 194 of the labor law by adding three new subdivisions 5, 6 and 7 providing an employer asserting differential wages are paid for a permissible reason shall demonstrate that such reason (a) does not perpetuate a sex-based differential in compensation; and (b) is job-related with respect to the position in question and is consistent with business necessity. However, such exception shall not apply when the employee demonstrates (i) that an employer uses an employment practice that causes a disparate impact on the basis of sex; (ii) that an alternative employment practice exists that would serve the same business purpose and not produce such differential; and (iii) that the employer has refused to adopt such alternative practice.
Read the full memo (636 words)
Every employer subject to this section shall post a notice to be prepared or approved by the commissioner, setting forth excerpts of this section and any other relevant information the commissioner deems necessary to explain this section. Any employer refusing to comply shall be punished by a fine of between $100 and $500.
Employees and former employees aggrieved by a violation of this section may file a civil action in any court of competent jurisdiction to obtain relief. An aggrieved party may recover unpaid wages and/or benefits, compensatory damages and liquidated damages in an amount up to three times the amount of unpaid wages and/or benefits owed, exclusive of interest, as well as an award of equitable relief, including reinstatement of employment, fringe benefits and seniority rights, and reasonable attorneys' fees, including expert fees and other litigation expenses.
The filing of a civil action under this section shall not preclude the commissioner from investigating the matter and/or referring the matter to the attorney general.
An employer who violates this section shall be liable for a civil penalty in an amount up to 300% of the total amount of wages found to be due, exclusive of interest, payable directly to the complaining party. The order may also direct payment of reasonable attorneys' fees and costs to the complaining party, in addition to directing an administrative penalty be paid to the Department of Labor in an amount up to 100% of the total amount of wages found to be due.
Section 2 provides this act shall take effect on the thirtieth day after it shall have become a law.
Existing law
No employee shall be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment 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, except where payment is made pursuant to a differential based on a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a bona fide factor other than sex, such as education, training, or experience.
Justification
We must do all we can to protect workers from wage discrimination on the basis of sex. When an employer asserts there is a permissible reason for a differential rate of pay, the burden should be on such employer to demonstrate the reason does not perpetuate a sex-based differential and is job-related and consistent with business necessity. Appropriate civil recourse should be available to employees aggrieved by this form of discrimination.
Legislative history
New bill
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.