Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to labor |
Jun 12, 2013 |
print number 5592a |
Jun 12, 2013 |
amend and recommit to labor |
May 23, 2013 |
referred to labor |
Senate Bill S5592A
2013-2014 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
Archive: Last Bill Status - In Senate Committee Labor 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
Actions
Bill Amendments
2013-S5592 - Details
- See Assembly Version of this Bill:
- A6894
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§190 & 194, Lab L
- Versions Introduced in 2015-2016 Legislative Session:
-
S3737
2013-S5592 - Sponsor Memo
BILL NUMBER:S5592 TITLE OF BILL: An act to amend the labor law, in relation to the New York state equal pay act PURPOSE OR GENERAL IDEA OF BILL: To include governmental entities and to make the predominance of a gender in an occupational title an issue of fact SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill would amend the definition of employer to include governmental entities. Section 2 of this bill would make the determination as whether an occupation is predominantly of one sex versus the other an issue of fact. A simple majority would be the only minimum qualification for the purposes of deciding whether a group of employees is actually predominated by a certain gender. Section 3 of this bill allows a suit to be brought either by an individual or a representative organization. JUSTIFICATION: Despite the enactment of the federal Equal Pay Act and
2013-S5592 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5592 2013-2014 Regular Sessions I N S E N A T E May 23, 2013 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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: Section 1. This act shall be known and may be cited as the "New York state equal pay act". S 2. Subdivision 3 of section 190 of the labor law, as amended by chapter 281 of the laws of 2002, is amended to read as follows: 3. "Employer" includes any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service. The term "employer" shall not include a governmental agency, EXCEPT THAT FOR ANY ACTION OR CLAIM MADE PURSUANT TO SECTION ONE HUNDRED NINETY-FOUR OF THIS ARTICLE IT SHALL INCLUDE THE STATE AND ANY OF ITS POLITICAL SUBDIVISIONS THEREOF, INCLUD- ING ANY STATE AGENCY AS DEFINED BY PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW. S 3. Section 194 of the labor law is amended by adding two new subdi- visions 2 and 3 to read as follows: 2. THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION SHALL APPLY WHERE ANY GROUP OR GROUPS OF EMPLOYEES OF PREDOMINANTLY ONE SEX ARE PAID LESS THAN ANY GROUP OR GROUPS OF EMPLOYEES OF PREDOMINANTLY THE OPPOSITE SEX. THE QUESTION AS TO WHETHER GROUPS ARE PREDOMINANTLY ONE SEX OR THE OTHER SHALL BE A QUESTION OF FACT AND SHALL BE DETERMINED ACCORDINGLY. THERE SHALL BE NO PRESCRIBED MINIMUM PROPORTIONS REQUIRED TO MAINTAIN AN ACTION UNDER THIS SECTION OTHER THAN A SIMPLE MAJORITY OF EMPLOYEES OF ONE SEX OR THE OTHER IN ANY GROUP. 3. A PERSON SEEKING TO ENFORCE SUCH LIABILITY, INCLUDING A REPRESEN- 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
2013-S5592A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6894
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§190 & 194, Lab L
- Versions Introduced in 2015-2016 Legislative Session:
-
S3737
2013-S5592A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5592A TITLE OF BILL: An act to amend the labor law, in relation to the New York state equal pay act PURPOSE OR GENERAL IDEA OF BILL: To include governmental entities and to make the predominance of a gender in an occupational title an issue of fact SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill would amend the definition of employer to include governmental entities. Section 2 of this bill would make the determination as whether an occupation is predominantly of one sex versus the other an issue of fact. A simple majority would be the only minimum qualification for the purposes of deciding whether a group of employees is actually predominated by a certain gender. Section 3 of this bill allows a suit to be brought either by an individual or a representative organization. JUSTIFICATION: Despite the enactment of the federal Equal Pay Act and the state Equal Pay Law in 1963 and 1966 respectively there are still incidences of discrimination in pay based on sex. In the state of New York those who are being discriminated against by a public employer are forced to seek redress in the federal courts because governmental
2013-S5592A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5592--A 2013-2014 Regular Sessions I N S E N A T E May 23, 2013 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. This act shall be known and may be cited as the "New York state equal pay act". S 2. Subdivision 3 of section 190 of the labor law, as amended by chapter 281 of the laws of 2002, is amended to read as follows: 3. "Employer" includes any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service. The term "employer" shall not include a governmental agency, EXCEPT FOR MAYORAL OR NON-MAYORAL AGEN- CIES OF THE CITY OF NEW YORK OR THE HEALTH AND HOSPITALS CORPORATION OF THE CITY OF NEW YORK OR THE NEW YORK CITY HOUSING AUTHORITY. S 3. Section 194 of the labor law is amended by adding two new subdi- visions 2 and 3 to read as follows: 2. THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION SHALL APPLY WHERE ANY GROUP OR GROUPS OF EMPLOYEES OF PREDOMINANTLY ONE SEX ARE PAID LESS THAN ANY GROUP OR GROUPS OF EMPLOYEES OF PREDOMINANTLY THE OPPOSITE SEX. THE QUESTION AS TO WHETHER GROUPS ARE PREDOMINANTLY ONE SEX OR THE OTHER SHALL BE A QUESTION OF FACT AND SHALL BE DETERMINED ACCORDINGLY. THERE SHALL BE NO PRESCRIBED MINIMUM PROPORTIONS REQUIRED TO MAINTAIN AN ACTION UNDER THIS SECTION OTHER THAN A SIMPLE MAJORITY OF EMPLOYEES OF ONE SEX OR THE OTHER IN ANY GROUP. 3. A PERSON SEEKING TO ENFORCE SUCH LIABILITY, INCLUDING A REPRESEN- 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. LBD10292-03-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.