-  This bill is not active in this session.
 

A08093 Summary:

BILL NOA08093A
 
SAME ASSAME AS S05248-B
 
SPONSORMcMahon
 
COSPNSRColton
 
MLTSPNSR
 
Amd 194 & 197, Lab L
 
Prohibits wage differentials based on protected class status.
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A08093 Actions:

BILL NOA08093A
 
05/31/2019referred to labor
06/04/2019reported referred to codes
06/13/2019reported referred to ways and means
06/14/2019amend and recommit to ways and means
06/14/2019print number 8093a
06/17/2019reported referred to rules
06/17/2019reported
06/17/2019rules report cal.470
06/17/2019ordered to third reading rules cal.470
06/19/2019substituted by s5248b
 S05248 AMEND=B BIAGGI
 04/18/2019REFERRED TO LABOR
 05/07/20191ST REPORT CAL.641
 05/08/20192ND REPORT CAL.
 05/13/2019ADVANCED TO THIRD READING
 06/04/2019AMENDED ON THIRD READING (T) 5248A
 06/14/2019AMENDED ON THIRD READING 5248B
 06/17/2019PASSED SENATE
 06/17/2019DELIVERED TO ASSEMBLY
 06/17/2019referred to ways and means
 06/19/2019substituted for a8093a
 06/19/2019ordered to third reading rules cal.470
 06/20/2019passed assembly
 06/20/2019returned to senate
 07/09/2019DELIVERED TO GOVERNOR
 07/10/2019SIGNED CHAP.93
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A08093 Committee Votes:

LABOR Chair:Crespo DATE:06/04/2019AYE/NAY:26/2 Action: Favorable refer to committee Codes
CrespoAyeBrabenecAye
AbbateAyeDiPietroAye
PerryAyeByrneNay
OrtizAyeMorinelloAye
ColtonAyeLawrenceAye
BenedettoAyeDeStefanoAye
HevesiAyeManktelowNay
MillerAyeSchmittAye
BronsonAye
RodriguezAye
DenDekkerAye
RozicAye
SimonAye
SteckAye
JoynerAbsent
BarnwellAye
RichardsonAye
RosenthalAye
CruzAye
ReyesAye
De La RosaAye

CODES Chair:Lentol DATE:06/13/2019AYE/NAY:15/5 Action: Favorable refer to committee Ways and Means
LentolAyeRaNay
SchimmingerExcusedGiglioNay
PretlowAyeMontesanoAye
CookExcusedMorinelloNay
CymbrowitzAyePalumboNay
O'DonnellAyeGarbarinoNay
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

WAYS AND MEANS Chair:Weinstein DATE:06/17/2019AYE/NAY:23/10 Action: Favorable refer to committee Rules
WeinsteinAyeBarclayNay
LentolAyeCrouchNay
SchimmingerExcusedFitzpatrickNay
GanttExcusedHawleyNay
GlickAyeMalliotakisNay
NolanAyeMontesanoNay
PretlowAyeRaNay
PerryAyeBlankenbushNay
ColtonAyePalmesanoNay
CookAyeNorrisNay
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

RULES Chair:Gottfried DATE:06/17/2019AYE/NAY:20/5 Action: Favorable
HeastieExcusedKolbNay
GottfriedAyeCrouchNay
LentolAyeFinchAye
GanttExcusedBarclayNay
NolanAyeRaiaAye
WeinsteinAyeHawleyNay
OrtizAyeGiglioAye
PretlowAyeMalliotakisNay
CookExcused
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinExcused
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiExcused

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A08093 Floor Votes:

There are no votes for this bill in this legislative session.
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A08093 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8093A
 
SPONSOR: McMahon
  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.
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A08093 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8093--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 31, 2019
                                       ___________
 
        Introduced  by M. of A. McMAHON, COLTON -- read once and referred to the
          Committee on Labor -- reported and referred to the Committee  on  Ways
          and  Means -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        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:
 
     1    Section 1. The section heading and subdivisions 1 and 2 of section 194
     2  of  the  labor  law,  the section heading as added by chapter 548 of the
     3  laws of 1966, subdivision 1 as amended and subdivision  2  as  added  by
     4  chapter 362 of the laws of 2015, are amended to read as follows:
     5    Differential  in  rate  of pay because of [sex] protected class status
     6  prohibited.  1. No employee with status within  one  or  more  protected
     7  class  or  classes  shall be paid a wage at a rate less than the rate at
     8  which an employee [of the opposite sex] without status within  the  same
     9  protected  class  or  classes in the same establishment is paid for: (a)
    10  equal work on a job the  performance  of  which  requires  equal  skill,
    11  effort  and responsibility, and which is performed under similar working
    12  conditions, or (b) substantially similar work, when viewed as a  compos-
    13  ite  of  skill,  effort, and responsibility, and performed under similar
    14  working conditions; except where payment is made pursuant to a differen-
    15  tial based on:
    16    [a.] (i) a seniority system;
    17    [b.] (ii) a merit system;
    18    [c.] (iii) a system which measures earnings by quantity or quality  of
    19  production; or
    20    [d.]  (iv)  a  bona  fide factor other than [sex] status within one or
    21  more protected class or classes, such as education, training, or experi-
    22  ence. Such factor: [(i)] (A) shall not be based upon or derived  from  a
    23  [sex-based]  differential  in compensation based on status within one or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13080-04-9

        A. 8093--A                          2
 
     1  more protected class or classes and [(ii)] (B) shall be job-related with
     2  respect to the position in question and shall be consistent  with  busi-
     3  ness necessity. Such exception under this paragraph shall not apply when
     4  the  employee  demonstrates [(A)] (1) that an employer uses a particular
     5  employment practice that causes a disparate impact on the basis of [sex]
     6  status within one or more protected class or classes, [(B)] (2) that  an
     7  alternative  employment  practice exists that would serve the same busi-
     8  ness purpose and not produce such differential, and [(C)] (3)  that  the
     9  employer has refused to adopt such alternative practice.
    10    2.  For  the purpose of subdivision one of this section[,]: (a) "busi-
    11  ness necessity" shall be defined as  a  factor  that  bears  a  manifest
    12  relationship  to  the  employment in question, and (b) "protected class"
    13  shall include age, race, creed, color, national  origin,  sexual  orien-
    14  tation, gender identity or expression, military status, sex, disability,
    15  predisposing  genetic  characteristics, familial status, marital status,
    16  or domestic violence victim status,  and  any  employee  protected  from
    17  discrimination  pursuant  to paragraphs (a), (b), and (c) of subdivision
    18  one of section two hundred ninety-six  and  any  intern  protected  from
    19  discrimination pursuant to section two hundred ninety-six-c of the exec-
    20  utive law.
    21    §  2.  Section  197 of the labor law, as amended by chapter 564 of the
    22  laws of 2010, is amended to read as follows:
    23    § 197. Civil penalty. Any employer who fails to pay the wages  of  his
    24  employees  or  shall  differentiate  in  rate  of  pay  because of [sex]
    25  protected class status, as provided in this article,  shall  forfeit  to
    26  the  people  of  the state the sum of five hundred dollars for each such
    27  failure, to be recovered by the commissioner in any legal action  neces-
    28  sary, including administrative action or a civil action.
    29    §  3.  This  act shall take effect on the ninetieth day after it shall
    30  have become a law.
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A08093 LFIN:

 NO LFIN
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A08093 Chamber Video/Transcript:

6-19-19Video (@ 08:19:28)Transcript pdf Transcript html
6-20-19Video (@ 00:34:42)Transcript pdf Transcript html
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