S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2707

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A. KATZ -- Multi-Sponsored by -- M. of A. FINCH,
  LUPINACCI, TENNEY -- read  once  and  referred  to  the  Committee  on
  Governmental Operations

AN  ACT  to  amend  the  executive law and the penal law, in relation to
  implementing stricter penalties for unlawful wage  discrimination  and
  creating the crime of unlawful wage discrimination

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  296  of  the  executive  law  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)(I)  NO  EMPLOYER SHALL DISCRIMINATE, WITHIN ANY ESTABLISHMENT IN
WHICH INDIVIDUALS ARE EMPLOYED, BETWEEN EMPLOYEES ON  BASIS  OF  SEX  BY
PAYING  WAGES TO EMPLOYEES IN SUCH ESTABLISHMENT AT A RATE LESS THAN THE
RATE AT WHICH HE OR SHE PAYS WAGES TO EMPLOYEES OF THE OPPOSITE  SEX  IN
SUCH  ESTABLISHMENT  FOR  EQUAL  WORK  ON  JOBS THE PERFORMANCE OF WHICH
REQUIRES  EQUAL  SKILL,  EFFORT,  AND  RESPONSIBILITY,  AND  WHICH   ARE
PERFORMED  UNDER  SIMILAR WORKING CONDITIONS. PROVIDED, HOWEVER, THAT AN
EMPLOYER WHO IS PAYING A WAGE RATE DIFFERENTIAL  IN  VIOLATION  OF  THIS
PARAGRAPH  SHALL  NOT,  IN  ORDER  TO COMPLY WITH THE PROVISIONS OF THIS
PARAGRAPH, REDUCE THE WAGE RATE OF ANY EMPLOYEE.
  (II) IN ADDITION TO ANY CIVIL CAUSES OF ACTION, A PERSON THAT KNOWING-
LY DISCRIMINATES UNDER THE PROVISIONS OF THIS PARAGRAPH, MAY BE  CHARGED
WITH   THE  CRIME  OF  UNLAWFUL  WAGE  DISCRIMINATION  PURSUANT  TO  THE
PROVISIONS OF SECTION 245.07 OF THE PENAL LAW.
  S 2. The penal law is amended by adding a new section 245.07  to  read
as follows:
S 245.07 UNLAWFUL WAGE DISCRIMINATION.
  A  PERSON  IS  GUILTY  OF  UNLAWFUL WAGE DISCRIMINATION WHEN HE OR SHE
KNOWINGLY, PAYS WAGES AT A RATE LESS THAN THE RATE PAID TO EMPLOYEES  OF
THE  OPPOSITE  SEX  WITHIN THE SAME ESTABLISHMENT FOR EQUAL WORK ON JOBS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04440-01-5

              

A. 2707                             2

THE PERFORMANCE OF WHICH REQUIRES EQUAL SKILL, EFFORT, AND  RESPONSIBIL-
ITY, AND WHICH ARE PERFORMED UNDER SIMILAR WORKING CONDITIONS.
  UNLAWFUL WAGE DISCRIMINATION IS A CLASS C FELONY.
  S  3.  Subdivision  1 of section 80.10 of the penal law, as amended by
section 28 of subpart A of part H of chapter 55 of the laws of 2014,  is
amended to read as follows:
  1. In general. A sentence to pay a fine, when imposed on a corporation
for an offense defined in this chapter or for an offense defined outside
this  chapter for which no special corporate fine is specified, shall be
a sentence to pay an amount, fixed by the court, not exceeding:
  (a) Ten thousand dollars, when the conviction is of a felony;
  (b) Five thousand dollars, when the conviction is of a class A  misde-
meanor  or  of an unclassified misdemeanor for which a term of imprison-
ment in excess of three months is authorized;
  (c) Two thousand dollars, when the conviction is of a class  B  misde-
meanor  or  of an unclassified misdemeanor for which the authorized term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e) FIFTEEN THOUSAND DOLLARS, WHEN THE CONVICTION IS FOR THE  CLASS  C
FELONY OF UNLAWFUL WAGE DISCRIMINATION;
  (F)  Any  higher  amount not exceeding double the amount of the corpo-
ration's gain from the commission of the offense or, if the  corporation
is  convicted  of  a crime defined in article four hundred ninety-six of
this chapter, any higher amount not exceeding three times the amount  of
the corporation's gain from the commission of such offense.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.