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A08093 Summary:

Amd §§194 & 197, Lab L
Prohibits wage differentials based on protected class status.
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A08093 Actions:

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
06/17/2019rules report cal.470
06/17/2019ordered to third reading rules cal.470
06/19/2019substituted by s5248b
 05/07/20191ST REPORT CAL.641
 05/08/20192ND REPORT CAL.
 06/17/2019PASSED SENATE
 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
 07/10/2019SIGNED CHAP.93
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A08093 Floor Votes:

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

                STATE OF NEW YORK
                               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.

        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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