Bill Text: NY A06894 | 2013-2014 | General Assembly | Amended

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Bill Title: Enacts the New York State Equal Pay Act requiring equal pay for certain male and female employees.

Spectrum: Partisan Bill (Democrat 29-0)

Status: (Introduced - Dead) 2014-01-08 - referred to labor [A06894 Detail]

Download: New_York-2013-A06894-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6894--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 23, 2013
                                      ___________
       Introduced  by  M.  of A. NOLAN, CUSICK, BARRETT, ROSA, JAFFEE, BRONSON,
         MAISEL, ROSENTHAL, SEPULVEDA, GIBSON, MOYA, LAVINE, RIVERA,  ROBINSON,
         COOK,  CAHILL, HOOPER, MILLMAN, BOYLAND, STECK, SCHIMEL -- Multi-Spon-
         sored by -- M. of A. ABBATE, BRENNAN,  FARRELL,  GALEF,  GLICK,  GOTT-
         FRIED,  PERRY,  SOLAGES,  SWEENEY, TITONE, WEISENBERG -- read once and
         referred to the Committee  on  Labor  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the labor law, in relation to the New York  state  equal
         pay act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as the  "New  York
    2  state equal pay act".
    3    S  2.  Subdivision  3  of  section 190 of the labor law, as amended by
    4  chapter 281 of the laws of 2002, is amended to read as follows:
    5    3. "Employer" includes  any  person,  corporation,  limited  liability
    6  company,  or  association  employing  any  individual in any occupation,
    7  industry, trade, business or service.  The  term  "employer"  shall  not
    8  include  a  governmental agency, EXCEPT FOR MAYORAL OR NON-MAYORAL AGEN-
    9  CIES OF THE CITY OF NEW YORK OR THE HEALTH AND HOSPITALS CORPORATION  OF
   10  THE CITY OF NEW YORK OR THE NEW YORK CITY HOUSING AUTHORITY.
   11    S  3. Section 194 of the labor law is amended by adding two new subdi-
   12  visions 2 and 3 to read as follows:
   13    2. THE PROHIBITION IN SUBDIVISION ONE  OF  THIS  SECTION  SHALL  APPLY
   14  WHERE ANY GROUP OR GROUPS OF EMPLOYEES OF PREDOMINANTLY ONE SEX ARE PAID
   15  LESS THAN ANY GROUP OR GROUPS OF EMPLOYEES OF PREDOMINANTLY THE OPPOSITE
   16  SEX.  THE QUESTION AS TO WHETHER GROUPS ARE PREDOMINANTLY ONE SEX OR THE
   17  OTHER SHALL BE A QUESTION OF FACT AND SHALL BE  DETERMINED  ACCORDINGLY.
   18  THERE SHALL BE NO PRESCRIBED MINIMUM PROPORTIONS REQUIRED TO MAINTAIN AN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10292-02-3
       A. 6894--A                          2
    1  ACTION  UNDER  THIS SECTION OTHER THAN A SIMPLE MAJORITY OF EMPLOYEES OF
    2  ONE SEX OR THE OTHER IN ANY GROUP.
    3    3.  A  PERSON SEEKING TO ENFORCE SUCH LIABILITY, INCLUDING A REPRESEN-
    4  TATIVE OF EMPLOYEES AGGRIEVED UNDER SUBDIVISION ONE OF THIS SECTION, MAY
    5  SUE EITHER FOR SUCH PERSON OR FOR OTHER PERSONS SIMILARLY  SITUATED,  OR
    6  BOTH, IN ANY COURT OF COMPETENT JURISDICTION.
    7    S  4.  This  act shall take effect on the thirtieth day after it shall
    8  have become a law.