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

New York Assembly Bill 6894 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6894
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 23, 2013
                                      ___________
       Introduced  by M. of A. NOLAN -- read once and referred to the Committee
         on Labor
       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 THAT FOR ANY ACTION OR CLAIM MADE
    9  PURSUANT TO SECTION ONE HUNDRED NINETY-FOUR OF  THIS  ARTICLE  IT  SHALL
   10  INCLUDE THE STATE AND ANY OF ITS POLITICAL SUBDIVISIONS THEREOF, INCLUD-
   11  ING  ANY  STATE AGENCY AS DEFINED BY PARAGRAPH (G) OF SUBDIVISION ONE OF
   12  SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW.
   13    S 3. Section 194 of the labor law is amended by adding two new  subdi-
   14  visions 2 and 3 to read as follows:
   15    2.  THE  PROHIBITION  IN  SUBDIVISION  ONE OF THIS SECTION SHALL APPLY
   16  WHERE ANY GROUP OR GROUPS OF EMPLOYEES OF PREDOMINANTLY ONE SEX ARE PAID
   17  LESS THAN ANY GROUP OR GROUPS OF EMPLOYEES OF PREDOMINANTLY THE OPPOSITE
   18  SEX. THE QUESTION AS TO WHETHER GROUPS ARE PREDOMINANTLY ONE SEX OR  THE
   19  OTHER  SHALL  BE A QUESTION OF FACT AND SHALL BE DETERMINED ACCORDINGLY.
   20  THERE SHALL BE NO PRESCRIBED MINIMUM PROPORTIONS REQUIRED TO MAINTAIN AN
   21  ACTION UNDER THIS SECTION OTHER THAN A SIMPLE MAJORITY OF  EMPLOYEES  OF
   22  ONE SEX OR THE OTHER IN ANY GROUP.
   23    3.  A  PERSON SEEKING TO ENFORCE SUCH LIABILITY, INCLUDING A REPRESEN-
   24  TATIVE OF EMPLOYEES AGGRIEVED UNDER SUBDIVISION ONE OF THIS SECTION, MAY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10292-01-3
       A. 6894                             2
    1  SUE EITHER FOR SUCH PERSON OR FOR OTHER PERSONS SIMILARLY  SITUATED,  OR
    2  BOTH, IN ANY COURT OF COMPETENT JURISDICTION.
    3    S  4.  This  act shall take effect on the thirtieth day after it shall
    4  have become a law.