NY State Senate Bill 2015-S4936A

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 23, 2016	print number 4936a
Mar 23, 2016	amend and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions
Apr 24, 2015	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2015-S4936 - Details

See Assembly Version of this Bill:: A1574
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §28, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1119
2011-2012: A6448
2013-2014: A1729
2017-2018: S1553

2015-S4936 - Summary

Implements state policy of fair and equal pay for equivalent value of work; provides that the principle of fair and equal pay for similar work and for equivalent value of work shall be followed in the classification and reclassification and the allocation and reallocation of positions and all positions having the same title shall be allocated the same salary grade.

2015-S4936 - Sponsor Memo

                                BILL NUMBER:S4936

TITLE OF BILL:  An act to amend the civil service law, in relation to
implementing a state policy of fair and equal pay for equivalent value
of work

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure that public employees,
regardless of sex, race or national origin working in positions of
comparable worth are paid equally.

SUMMARY OF PROVISIONS: Adds a new section 28 to:

1. Define intent of New York state and its political subdivisions to
comply with the federal "Equal Pay Act of 1963" and "Civil Rights Act
of 1964" and to state its intent to ensure a fair and non-biased wage
structure for all employees regardless of sex, race or national
origin.

2. Define how comparable value of job titles shall be determined, what
exceptions are allowed and the interaction with collective bargaining.

3. Authorize the Civil Service Commission to develop regulations for
determining equivalent value of work; define the segregation of job
titles; and provide technical assistance to political subdivisions.

4. Require local civil service administrations to report to the
President of the Civil Service Commission every five years on those
segregated titles for which wage disparity exists.

5. Require local civil service administrations to report to the
President of the Civil Service Commission whenever they create new
titles and find that a segregated title exists.

6. Require an employer to correct the existence of segregated titles.

JUSTIFICATION:

The National Committee on Pay Equity found the median salary of women
working full-time was 78.3 percent of men's median income in 2013.
This shows a narrowing of the wage gap by less than half a percent per
year since the Federal Pay Equity Act was signed in 1963. Over a
working lifetime, this wage disparity costs the average woman an
estimated $700,000 to $2 million, not including the negative impact
the difference also has on both Social Security and pension benefits
for women. With the overwhelming number of women in the workplace that
have the same education, skills and experience as their male
counterparts, the fact that women make 77 percent of their male
counterparts is startling and unjustifiable.

In today's workplace female-dominated fields tend to be under-valued
in relation to comparable jobs that are typically held by men.
Administrative assistants tend to be paid less than custodians,
emergency services operators less than fire dispatchers. This is
unacceptable. Jobs traditionally held by women still pay less than
those typically held by men, and when you examine the discrepancies


between men and women of color, the rates are even more alarming In
2008, African American women earned 68 percent of men's, and Latinos
earned 58 percent of Latino men.

This legislation will ensure that public sector jobs that have
equivalent value receive equal pay and ensure a fair, non-biased
compensation structure for all employees in which sex, race or
national origin is not a consideration either directly or indirectly
in determining the proper compensation for any individual or group of
employees.

PRIOR LEGISLATIVE HISTORY:

2014 A1729A 02/03/14 Third Reading
2013 A1729 04/16/13 passed Assembly
2012 A6448 passed Assembly.
2011 A6448 passed Assembly.
2009-2010 A6712 Passed Assembly.
2007-08: A.957 Passed Assembly.
2006: A.9466 Passed Assembly.
2005: A.1470 Passed Assembly.
2003-04: A.6237 Passed Assembly.
2001-02: A.7012 Passed Assembly.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None where employees in positions of comparable worth are paid the
same salary or rate.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4936 - Bill Text download pdf

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

                                  4936

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law, in  relation  to  implementing  a
  state policy of fair and equal pay for equivalent value of work

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

  Section 1. The civil service law is amended by adding a new section 28
to read as follows:
  S 28. POLICY OF THE STATE. 1. IT IS THE POLICY OF NEW YORK  STATE  AND
ALL  POLITICAL SUBDIVISIONS THEREOF TO COMPLY WITH THE LETTER AND SPIRIT
OF THE FEDERAL "EQUAL PAY ACT OF 1963," PUB. L. 88-38 (29 U.S.C.  S 206)
WHICH REQUIRES THAT EMPLOYEES OF BOTH SEXES RECEIVE EQUAL PAY FOR  EQUAL
WORK,  THE FEDERAL "CIVIL RIGHTS ACT OF 1964," PUB. L. 88-352 (42 U.S.C.
S 2000E-2) WHICH PROHIBITS DISCRIMINATION ON THE BASIS OF SEX,  RACE  OR
NATIONAL ORIGIN IN ALL TERMS OF EMPLOYMENT, ARTICLE FIFTEEN OF THE EXEC-
UTIVE  LAW  AND  SECTION FORTY-C OF THE CIVIL RIGHTS LAW, WHICH PROHIBIT
DISCRIMINATION ON THE BASIS OF SEX, RACE OR NATIONAL ORIGIN IN ALL TERMS
OF EMPLOYMENT. CONSISTENT WITH THESE LAWS, IT IS THE POLICY OF THE STATE
TO ENSURE A FAIR, NON-BIASED COMPENSATION STRUCTURE FOR ALL EMPLOYEES IN
WHICH SEX, RACE OR NATIONAL ORIGIN IS NOT A CONSIDERATION EITHER DIRECT-
LY OR INDIRECTLY IN DETERMINING THE PROPER  WAGES  FOR  A  TITLE  OR  IN
DETERMINING  THE  PAY  FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES. FOR THE
PURPOSE OF THIS SECTION,  THE  TERMS  "WAGES"  AND  "WAGE  RATES"  SHALL
INCLUDE  ALL  COMPENSATION  IN  ANY  FORM  THAT  AN EMPLOYER PROVIDES TO
EMPLOYEES IN PAYMENT FOR WORK DONE OR SERVICES RENDERED,  INCLUDING  BUT
NOT  LIMITED TO BASE PAY, BONUSES, COMMISSIONS, AWARDS, TIPS, OR VARIOUS
FORMS OF NON-MONETARY COMPENSATION IF PROVIDED IN LIEU OF OR IN ADDITION
TO MONETARY COMPENSATION AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE. IN
ORDER TO ATTRACT UNUSUAL MERIT AND ABILITY TO THE SERVICE OF  THE  POLI-
TICAL SUBDIVISIONS OF NEW YORK, TO STIMULATE HIGHER EFFICIENCY AMONG THE
PERSONNEL,  TO PROVIDE SKILLED LEADERSHIP IN ADMINISTRATIVE DEPARTMENTS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06061-01-5

S. 4936                             2

TO REWARD MERIT AND TO INSURE TO THE PEOPLE AND  THE  TAXPAYERS  OF  THE
STATE OF NEW YORK THE HIGHEST RETURN IN SERVICES FOR THE NECESSARY COSTS
OF  GOVERNMENT,  IT  IS THE POLICY OF THE STATE TO PROVIDE EQUAL PAY FOR
EQUAL  AND  SIMILAR  WORK  AND FOR EQUIVALENT VALUE OF WORK, AND REGULAR
INCREASES IN PAY IN PROPER PROPORTION TO INCREASE OF  ABILITY,  INCREASE
OF  OUTPUT  AND INCREASE OF QUALITY OF WORK DEMONSTRATED IN SERVICE. FOR
THE PURPOSE  OF  THIS  SECTION,  THE  TERM  "POLITICAL  SUBDIVISION"  IS
CONSISTENT  WITH  THE  DEFINITION  IN SECTION ONE HUNDRED OF THE GENERAL
MUNICIPAL LAW.
  2. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR SIMILAR WORK AND FOR EQUIV-
ALENT VALUE OF WORK SHALL BE FOLLOWED IN THE CLASSIFICATION AND  RECLAS-
SIFICATION  AND  THE  ALLOCATION  AND  REALLOCATION OF POSITIONS AND ALL
POSITIONS HAVING THE SAME TITLE SHALL BE ALLOCATED TO  THE  SAME  SALARY
GRADE.  EQUIVALENT  VALUE  OF WORK SHALL MEAN TITLES OR POSITION CLASSI-
FICATIONS THAT ARE EQUAL WITHIN THE MEANING OF THE "EQUAL PAY  ACT    OF
1963",  PUB.  L. 88-38 (29 U.S.C. 206(D)), OR TITLES OR POSITION CLASSI-
FICATIONS THAT ARE DISSIMILAR BUT  WHOSE  REQUIREMENTS  ARE  EQUIVALENT,
WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING
CONDITIONS.  THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE OF
WORK REQUIRES THAT CONSIDERATION OF SEX, RACE OR NATIONAL  ORIGIN  SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF WAGES.
  IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO PAY
DIFFERENT WAGE RATES TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE PURSUANT
TO:
  (A) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (B) THE GEOGRAPHIC LOCATION OF THE JOB; OR
  (C)  ANY  OTHER  BONA  FIDE  FACTOR  OTHER  THAN SEX, RACE OR NATIONAL
ORIGIN, PROVIDED HOWEVER, THAT SUCH FACTOR DOES NOT RESULT IN  DISCRIMI-
NATION BASED ON SEX, RACE OR NATIONAL ORIGIN.
  NOTHING  SET  FORTH  IN  THIS  SECTION  SHALL  BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES
THROUGH  COLLECTIVE  BARGAINING  AGREEMENTS,  OR  OTHERWISE DIMINISH THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  3. THE COMMISSION SHALL PROMULGATE REGULATIONS SPECIFYING THE  METHOD-
OLOGY  FOR  DETERMINING EQUIVALENT VALUE OF WORK BASED ON SKILL, EFFORT,
RESPONSIBILITY, AND WORKING CONDITIONS. ANY  METHODOLOGY  PRESCRIBED  BY
THE  COMMISSION,  SUCH  AS  A  SYSTEMATIC POINT EVALUATION SYSTEM, SHALL
ENSURE THAT COMPARISON SYSTEMS DO NOT IGNORE OR UNDERVALUE THE WORTH  OF
JOBS  WHERE WOMEN AND MINORITIES ARE DISPROPORTIONATELY REPRESENTED. FOR
THE PURPOSES OF THIS SECTION, A SEGREGATED TITLE  SHALL  CONSTITUTE  ANY
TITLE  IN  WHICH  THE  TOTAL  PERCENTAGE  OF EMPLOYEES IN THE TITLE OF A
PARTICULAR SEX, RACE OR NATIONAL ORIGIN IS EQUAL TO OR GREATER THAN  ONE
HUNDRED  TWENTY  PERCENT OF THE PERCENTAGE OF THAT SEX, RACE OR NATIONAL
ORIGIN IN THE EMPLOY OF THE POLITICAL SUBDIVISION. THE DEPARTMENT SHALL,
UPON THE REQUEST OF  ANY  LOCAL  CIVIL  SERVICE  ADMINISTRATION,  RENDER
SERVICE  OR  TECHNICAL  ADVICE  AND  ASSISTANCE RELATIVE TO THE POSITION
CLASSIFICATION AND PAY EQUITY COMPENSATION  ASSESSMENT  OF  OFFICES  AND
EMPLOYMENTS  UNDER THE JURISDICTION OF SUCH LOCAL CIVIL SERVICE ADMINIS-
TRATION PURSUANT TO SUBDIVISION ONE  OF  SECTION  TWENTY-THREE  OF  THIS
TITLE.
  4. BY OCTOBER FIRST, TWO THOUSAND SIXTEEN, AND EVERY FIVE YEARS THERE-
AFTER,  ALL  LOCAL  CIVIL  SERVICE  ADMINISTRATIONS  PURSUANT TO SECTION
FIFTEEN OF THIS TITLE, SHALL SUBMIT TO THE PRESIDENT OF THE COMMISSION A
LIST  SHOWING,  BY  NEGOTIATING  UNIT  AND  FOR  MANAGEMENT/CONFIDENTIAL
EMPLOYEES, THOSE SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON
THE  EQUIVALENT VALUE OF THE WORK. THE PRESIDENT OF THE COMMISSION SHALL

S. 4936                             3

COMPILE THE LISTS PROVIDED TO THEM BY THE LOCAL CIVIL  SERVICE  ADMINIS-
TRATIONS  AND,  BY JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND EVERY FIVE
YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE AND THE GOVERNOR'S OFFICE OF
EMPLOYEE  RELATIONS,  A  LIST  SHOWING,  BY  NEGOTIATING  UNIT  AND  FOR
MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGREGATED TITLES FOR  WHICH  A
DISPARITY  EXISTS  BASED ON THE EQUIVALENT VALUE OF THE WORK AS REPORTED
BY THE LOCAL CIVIL SERVICE ADMINISTRATIONS.
  5. WHEN A LOCAL CIVIL SERVICE ADMINISTRATION CREATES  NEW  TITLES  OR,
BECAUSE  OF  MERGERS OR TAKEOVERS, TRANSFERS WORKFORCE FROM ONE TITLE TO
ANOTHER TITLE, IT SHALL RE-SUBMIT TO THE PRESIDENT OF THE  COMMISSION  A
LIST  OF ANY SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON THE
EQUIVALENT VALUE OF WORK, WHO WILL THEN SUBMIT THE LIST TO THE  LEGISLA-
TURE.
  6.  UPON THE DISCOVERY OF THE EXISTENCE OF SEGREGATED TITLES FOR WHICH
A DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE OF WORK,  THE  EMPLOYER
AND  THE LOCAL CIVIL SERVICE ADMINISTRATION SHALL CORRECT THE DISPARITY.
AN EMPLOYER WHO IS IN VIOLATION OF THIS SECTION, AS  DETERMINED  BY  THE
COMMISSION,  SHALL NOT, IN ORDER TO COMPLY WITH THIS SECTION, REDUCE THE
WAGES OF ANY EMPLOYEE OR REDUCE THE WAGE RATE FOR ANY POSITION.
  S 2. This act shall take effect immediately.

2015-S4936A (ACTIVE) - Details

See Assembly Version of this Bill:: A1574
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §28, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1119
2011-2012: A6448
2013-2014: A1729
2017-2018: S1553

2015-S4936A (ACTIVE) - Summary

2015-S4936A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4936A

 TITLE OF BILL :  An act to amend the civil service law, in relation
to implementing a state policy of fair and equal pay for equivalent
value of work

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to ensure that public employees,
regardless of sex, race or national origin working in positions of
comparable worth are paid equally.

 SUMMARY OF PROVISIONS :

Adds a new section 28 to:

1. Define intent of New York state and its political subdivisions to
comply with the federal "Equal Pay Act of 1963" and "Civil Rights Act
of 1964" and to state its intent to ensure a fair and non-biased wage
structure for all employees regardless of sex, race or national
origin.

2. Define how comparable value of job titles shall be determined, what
exceptions are allowed and the interaction with collective bargaining.

3. Authorize the Civil Service Commission to develop regulations for

determining equivalent value of work; define the segregation of job
titles; and provide technical assistance to political subdivisions.

4. Require local civil service administrations to report to the
President of the Civil Service Commission every five years on those
segregated titles for which wage disparity exists.

5. Require local civil service administrations to report to the
President of the Civil Service Commission whenever they create new
titles and find that a segregated title exists.

6. Require an employer to correct the existence of segregated titles.

 JUSTIFICATION :

The National Committee on Pay Equity found the median salary of women
working full-time was 78.3 percent of men's median income in 2013.
This shows a narrowing of the wage gap by less than half a percent per
year since the Federal Pay Equity Act was signed in 1963. Over a
working lifetime, this wage disparity costs the average woman an
estimated $700,000 to $2 million, not including the negative impact
the difference also has on both Social Security and pension benefits
for women. With the overwhelming number of women in the workplace that
have the same education, skills and experience as their male
counterparts, the fact that women make 77 percent of their male
counterparts is startling and unjustifiable.

In today's workplace female-dominated fields tend to be under-valued
in relation to comparable jobs that are typically held by men.
Administrative assistants tend to be paid less than custodians,
emergency services operators less than fire dispatchers. This is
unacceptable. Jobs traditionally held by women still pay less than
those typically held by men, and when you examine the discrepancies
between men and women of color, the rates are even more alarming In
2008, African American women earned 68 percent of men's, and Latinos
earned 58 percent of Latino men. This legislation will ensure that
public sector jobs that have equivalent value receive equal pay and
ensure a fair, non-biased compensation structure for all employees in
which sex, race or national origin is not a consideration either

directly or indirectly in determining the proper compensation for any
individual or group of employees.

 PRIOR LEGISLATIVE HISTORY :

2014: A.1729A 02/03/14 Third Reading
2013: A.1729 04/16/13 Passed Assembly
2011-12: A.6448 Passed Assembly
2009-10: A.6712 Passed Assembly
2007-08: A.957 Passed Assembly
2006: A.9466 Passed Assembly
2005: A.1470 Passed Assembly
2003-04: A.6237 Passed Assembly
2001-02: A.7012 Passed Assembly

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None where employees in positions of comparable worth are paid the
same salary or rate.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S4936A (ACTIVE) - Bill Text download pdf

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

                                 4936--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the civil service law, in relation to implementing a
  state policy of fair and equal pay for equivalent value of work

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

  Section 1. The civil service law is amended by adding a new section 28
to read as follows:
  S  28.  POLICY OF THE STATE. 1. IT IS THE POLICY OF NEW YORK STATE AND
ALL POLITICAL SUBDIVISIONS THEREOF TO COMPLY WITH THE LETTER AND  SPIRIT
OF THE FEDERAL "EQUAL PAY ACT OF 1963," PUB. L. 88-38 (29 U.S.C.  S 206)
WHICH  REQUIRES THAT EMPLOYEES OF BOTH SEXES RECEIVE EQUAL PAY FOR EQUAL
WORK, THE FEDERAL "CIVIL RIGHTS ACT OF 1964," PUB. L. 88-352 (42  U.S.C.
S  2000E-2)  WHICH PROHIBITS DISCRIMINATION ON THE BASIS OF SEX, RACE OR
NATIONAL ORIGIN IN ALL TERMS OF EMPLOYMENT, ARTICLE FIFTEEN OF THE EXEC-
UTIVE LAW AND SECTION FORTY-C OF THE CIVIL RIGHTS  LAW,  WHICH  PROHIBIT
DISCRIMINATION ON THE BASIS OF SEX, RACE OR NATIONAL ORIGIN IN ALL TERMS
OF EMPLOYMENT. CONSISTENT WITH THESE LAWS, IT IS THE POLICY OF THE STATE
TO ENSURE A FAIR, NON-BIASED COMPENSATION STRUCTURE FOR ALL EMPLOYEES IN
WHICH SEX, RACE OR NATIONAL ORIGIN IS NOT A CONSIDERATION EITHER DIRECT-
LY  OR  INDIRECTLY  IN  DETERMINING  THE  PROPER WAGES FOR A TITLE OR IN
DETERMINING THE PAY FOR ANY INDIVIDUAL OR GROUP OF  EMPLOYEES.  FOR  THE
PURPOSE  OF  THIS  SECTION,  THE  TERMS  "WAGES"  AND "WAGE RATES" SHALL
INCLUDE ALL COMPENSATION IN  ANY  FORM  THAT  AN  EMPLOYER  PROVIDES  TO
EMPLOYEES  IN  PAYMENT FOR WORK DONE OR SERVICES RENDERED, INCLUDING BUT
NOT LIMITED TO BASE PAY, BONUSES, COMMISSIONS, AWARDS, TIPS, OR  VARIOUS
FORMS OF NON-MONETARY COMPENSATION IF PROVIDED IN LIEU OF OR IN ADDITION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06061-02-6

S. 4936--A                          2

TO MONETARY COMPENSATION AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE. IN
ORDER  TO  ATTRACT UNUSUAL MERIT AND ABILITY TO THE SERVICE OF THE POLI-
TICAL SUBDIVISIONS OF NEW YORK, TO STIMULATE HIGHER EFFICIENCY AMONG THE
PERSONNEL,  TO PROVIDE SKILLED LEADERSHIP IN ADMINISTRATIVE DEPARTMENTS,
TO REWARD MERIT AND TO INSURE TO THE PEOPLE AND  THE  TAXPAYERS  OF  THE
STATE OF NEW YORK THE HIGHEST RETURN IN SERVICES FOR THE NECESSARY COSTS
OF  GOVERNMENT,  IT  IS THE POLICY OF THE STATE TO PROVIDE EQUAL PAY FOR
EQUAL AND SIMILAR WORK AND FOR EQUIVALENT VALUE  OF  WORK,  AND  REGULAR
INCREASES  IN  PAY IN PROPER PROPORTION TO INCREASE OF ABILITY, INCREASE
OF OUTPUT AND INCREASE OF QUALITY OF WORK DEMONSTRATED IN  SERVICE.  FOR
THE  PURPOSE  OF  THIS  SECTION,  THE  TERM  "POLITICAL  SUBDIVISION" IS
CONSISTENT WITH THE DEFINITION IN SECTION ONE  HUNDRED  OF  THE  GENERAL
MUNICIPAL LAW.
  2. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR SIMILAR WORK AND FOR EQUIV-
ALENT  VALUE OF WORK SHALL BE FOLLOWED IN THE CLASSIFICATION AND RECLAS-
SIFICATION AND THE ALLOCATION AND  REALLOCATION  OF  POSITIONS  AND  ALL
POSITIONS  HAVING  THE  SAME TITLE SHALL BE ALLOCATED TO THE SAME SALARY
GRADE. EQUIVALENT VALUE OF WORK SHALL MEAN TITLES  OR  POSITION  CLASSI-
FICATIONS  THAT  ARE  EQUAL WITHIN THE MEANING OF THE "EQUAL PAY ACT  OF
1963", PUB. L. 88-38 (29 U.S.C. 206(D)), OR TITLES OR  POSITION  CLASSI-
FICATIONS  THAT  ARE  DISSIMILAR  BUT WHOSE REQUIREMENTS ARE EQUIVALENT,
WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING
CONDITIONS. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE  OF
WORK  REQUIRES  THAT CONSIDERATION OF SEX, RACE OR NATIONAL ORIGIN SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF WAGES.
  IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO PAY
DIFFERENT WAGE RATES TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE PURSUANT
TO:
  (A) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (B) THE GEOGRAPHIC LOCATION OF THE JOB; OR
  (C) ANY OTHER BONA FIDE  FACTOR  OTHER  THAN  SEX,  RACE  OR  NATIONAL
ORIGIN,  PROVIDED HOWEVER, THAT SUCH FACTOR DOES NOT RESULT IN DISCRIMI-
NATION BASED ON SEX, RACE OR NATIONAL ORIGIN.
  NOTHING SET FORTH IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  IMPEDE,
INFRINGE  OR  DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH COLLECTIVE BARGAINING  AGREEMENTS,  OR  OTHERWISE  DIMINISH  THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  3.  THE COMMISSION SHALL PROMULGATE REGULATIONS SPECIFYING THE METHOD-
OLOGY FOR DETERMINING EQUIVALENT VALUE OF WORK BASED ON  SKILL,  EFFORT,
RESPONSIBILITY,  AND  WORKING  CONDITIONS. ANY METHODOLOGY PRESCRIBED BY
THE COMMISSION, SUCH AS A  SYSTEMATIC  POINT  EVALUATION  SYSTEM,  SHALL
ENSURE  THAT COMPARISON SYSTEMS DO NOT IGNORE OR UNDERVALUE THE WORTH OF
JOBS WHERE WOMEN AND MINORITIES ARE DISPROPORTIONATELY REPRESENTED.  FOR
THE  PURPOSES  OF  THIS SECTION, A SEGREGATED TITLE SHALL CONSTITUTE ANY
TITLE IN WHICH THE TOTAL PERCENTAGE OF  EMPLOYEES  IN  THE  TITLE  OF  A
PARTICULAR  SEX, RACE OR NATIONAL ORIGIN IS EQUAL TO OR GREATER THAN ONE
HUNDRED TWENTY PERCENT OF THE PERCENTAGE OF THAT SEX, RACE  OR  NATIONAL
ORIGIN IN THE EMPLOY OF THE POLITICAL SUBDIVISION. THE DEPARTMENT SHALL,
UPON  THE  REQUEST  OF  ANY  LOCAL  CIVIL SERVICE ADMINISTRATION, RENDER
SERVICE OR TECHNICAL ADVICE AND  ASSISTANCE  RELATIVE  TO  THE  POSITION
CLASSIFICATION  AND  PAY  EQUITY  COMPENSATION ASSESSMENT OF OFFICES AND
EMPLOYMENTS UNDER THE JURISDICTION OF SUCH LOCAL CIVIL SERVICE  ADMINIS-
TRATION  PURSUANT  TO  SUBDIVISION  ONE  OF SECTION TWENTY-THREE OF THIS
TITLE.
  4. BY OCTOBER FIRST, TWO THOUSAND  SEVENTEEN,  AND  EVERY  FIVE  YEARS
THEREAFTER,  ALL LOCAL CIVIL SERVICE ADMINISTRATIONS PURSUANT TO SECTION

S. 4936--A                          3

FIFTEEN OF THIS TITLE, SHALL SUBMIT TO THE PRESIDENT OF THE COMMISSION A
LIST  SHOWING,  BY  NEGOTIATING  UNIT  AND  FOR  MANAGEMENT/CONFIDENTIAL
EMPLOYEES, THOSE SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON
THE  EQUIVALENT VALUE OF THE WORK. THE PRESIDENT OF THE COMMISSION SHALL
COMPILE THE LISTS PROVIDED TO THEM BY THE LOCAL CIVIL  SERVICE  ADMINIS-
TRATIONS  AND,  BY  JANUARY FIRST, TWO THOUSAND EIGHTEEN, AND EVERY FIVE
YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE AND THE GOVERNOR'S OFFICE OF
EMPLOYEE  RELATIONS,  A  LIST  SHOWING,  BY  NEGOTIATING  UNIT  AND  FOR
MANAGEMENT/CONFIDENTIAL  EMPLOYEES,  THOSE SEGREGATED TITLES FOR WHICH A
DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE OF THE WORK  AS  REPORTED
BY THE LOCAL CIVIL SERVICE ADMINISTRATIONS.
  5.  WHEN  A  LOCAL CIVIL SERVICE ADMINISTRATION CREATES NEW TITLES OR,
BECAUSE OF MERGERS OR TAKEOVERS, TRANSFERS WORKFORCE FROM ONE  TITLE  TO
ANOTHER  TITLE,  IT SHALL RE-SUBMIT TO THE PRESIDENT OF THE COMMISSION A
LIST OF ANY SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON  THE
EQUIVALENT  VALUE OF WORK, WHO WILL THEN SUBMIT THE LIST TO THE LEGISLA-
TURE.
  6. UPON THE DISCOVERY OF THE EXISTENCE OF SEGREGATED TITLES FOR  WHICH
A  DISPARITY  EXISTS BASED ON THE EQUIVALENT VALUE OF WORK, THE EMPLOYER
AND THE LOCAL CIVIL SERVICE ADMINISTRATION SHALL CORRECT THE  DISPARITY.
AN  EMPLOYER  WHO  IS IN VIOLATION OF THIS SECTION, AS DETERMINED BY THE
COMMISSION, SHALL NOT, IN ORDER TO COMPLY WITH THIS SECTION, REDUCE  THE
WAGES OF ANY EMPLOYEE OR REDUCE THE WAGE RATE FOR ANY POSITION.
  S 2. This act shall take effect immediately.

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Senate Bill S4936A

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Bill Amendments

2015-S4936 - Details

2015-S4936 - Summary

2015-S4936 - Sponsor Memo

2015-S4936 - Bill Text download pdf

2015-S4936A (ACTIVE) - Details

2015-S4936A (ACTIVE) - Summary

2015-S4936A (ACTIVE) - Sponsor Memo

2015-S4936A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4936A

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Bill Amendments

2015-S4936 - Details

2015-S4936 - Summary

2015-S4936 - Sponsor Memo

2015-S4936 - Bill Text download pdf

2015-S4936A (ACTIVE) - Details

2015-S4936A (ACTIVE) - Summary

2015-S4936A (ACTIVE) - Sponsor Memo

2015-S4936A (ACTIVE) - Bill Text download pdf

Comments