New York State Assembly

 
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A02425 Summary:

A02425 Actions:

A02425 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Abbate      
DATE:03/22/2017AYE/NAY:14/0  Action: Favorable refer to committee Codes        
Abbate
Aye
Malliotakis
Aye
Aubry
Aye
Johns
Aye
Colton
Aye
Palumbo
Aye
Cusick
Aye
Crouch
Aye
Zebrowski
Aye
DenDekker
Aye
Santabarbara
Aye
Brindisi
Aye
D'Urso
Aye
Pheffer Amato
Aye

Committee:CODES   Chair:Lentol      
DATE:04/04/2017AYE/NAY:19/2  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Absent
Fahy
Aye

Committee:RULES   Chair:Heastie      
DATE:04/04/2017AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Excused
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Excused
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A02425 Floor Votes:

A02425 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2425
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2017
                                       ___________
 
        Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
          tee on Governmental Employees
 
        AN ACT to amend the civil service law, in relation to a fair, non-biased
          compensation structure
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 115 of the civil service law, as added by chapter
     2  790 of the laws of 1958, is amended to read as follows:
     3    § 115. Policy of the state. 1. In order to attract unusual  merit  and
     4  ability  to  the  service of the state of New York and all its political
     5  subdivisions, to stimulate higher efficiency  among  the  personnel,  to
     6  provide  skilled  leadership  in  administrative  departments, to reward
     7  merit and to insure to the people and the taxpayers of the state of  New
     8  York  the  highest return in services for the necessary costs of govern-
     9  ment, it is hereby declared to be the policy of the  state  [to  provide
    10  equal  pay  for equal work;] and all its political subdivisions thereof,
    11  consistent with the federal Equal Pay Act of 1963 (29 U.S.C. § 206), the
    12  federal Civil Rights Act (42 U.S.C. § 2000e-2), article fifteen  of  the
    13  executive  law, and section forty-c of the civil rights law, to ensure a
    14  fair, non-biased compensation structure for all employees in which  sex,
    15  race, or national origin is not considered either directly or indirectly
    16  in determining the proper compensation for a title or in determining the
    17  pay  for  any  individual  or group of employees, and to provide regular
    18  increases in pay in proper proportion to increase of  ability,  increase
    19  of output and increase of quality of work demonstrated in service.
    20    2.  For  the  purpose  of  this section, the term "compensation" shall
    21  include but not be limited to: all earnings of an employee for labor  or
    22  services  rendered, regardless of whether the amount of earnings is paid
    23  on an annual salary, hourly, biweekly or per diem  basis;  reimbursement
    24  for expenses; health, welfare and retirement benefits; and vacation pay,
    25  sick pay, separation or holiday pay, or any other form of remuneration.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04560-01-7
        A. 2425                             2
 
     1    3.  (a)  Where  an  employee believes he or she is being discriminated
     2  against in terms of compensation in  violation  of  this  section,  such
     3  employee  may  bring an action in any court of competent jurisdiction to
     4  recover the equitable and monetary relief described in paragraph (b)  of
     5  this subdivision.
     6    (b)  (1) In any action in which a court or jury finds that an employer
     7  has engaged in acts in violation of this  section,  the  court  or  jury
     8  shall  award  to  any  affected  employee  or employees monetary relief,
     9  including back pay in an amount equal  to  the  difference  between  the
    10  employee's  actual  earnings and what the employee would have earned but
    11  for the employer's unlawful practices, including an appropriate increase
    12  in retirement benefits, and an additional  amount  in  compensatory  and
    13  punitive damages, as appropriate.
    14    (2)  In any action in which a court or jury finds that an employer has
    15  engaged in acts in violation of this section, the court shall enjoin the
    16  employer from continuing to discriminate against affected employees  and
    17  shall direct the employer to comply with the provisions of this article;
    18  and  may order the employer to take such additional affirmative steps as
    19  are necessary to ensure an end  to  unlawful  discrimination,  including
    20  reinstatement  to the same or a comparable position for employees in the
    21  unclassified service or employees classified as  management/confidential
    22  or  labor;  reinstatement with back pay; or reclassification of affected
    23  workers.
    24    (3) In any action in which an affected employee or  employees  prevail
    25  in  their  claims  against  employers, the court may, in addition to any
    26  judgement awarded to the plaintiffs, allow a reasonable attorney's  fee,
    27  reasonable expert witness fees, and other costs of the action to be paid
    28  by the employer.
    29    (c) An action to recover the damages or equitable relief prescribed in
    30  paragraph (b) of this subdivision may be maintained against any employer
    31  in  any  court of competent jurisdiction by any one or more employees or
    32  their representative for or on behalf of:
    33    (1) the employees; or
    34    (2) the employees and other employees similarly situated.
    35    4. (a) It shall not be a violation of this section for an employer  to
    36  pay  different  compensation  to employees, where such payments are made
    37  pursuant to:
    38    (1) a bona fide seniority or merit system;
    39    (2) a bona fide system that measures earnings by quantity  or  quality
    40  of production;
    41    (3) a bona fide system based on geographic differentials; or
    42    (4)  any  other  bona  fide  factor  other  than sex, race or national
    43  origin, such as education, training, or  experience.  Such  factor:  (A)
    44  shall  not be based upon or derived from a sex, race, or national origin
    45  based differential in compensation; and (B) shall  be  job-related  with
    46  respect  to  the position in question and shall be consistent with busi-
    47  ness necessity. Such exception under this paragraph shall not apply when
    48  the employee demonstrates (i) that an employer uses a particular employ-
    49  ment practice that causes a disparate impact on the basis of sex,  race,
    50  or  national origin, (ii) that an alternative employment practice exists
    51  that would serve the same purpose and not produce such differential, and
    52  (iii) that the employer has refused to adopt such alternative practice.
    53    (b) For the purpose of paragraph (a) of  this  subdivision,  "business
    54  necessity"  shall be defined as a factor that bears a manifest relation-
    55  ship to the employment in question.
        A. 2425                             3
 
     1    (c) Nothing set forth in this section shall be  construed  to  impede,
     2  infringe  or  diminish the rights and benefits which accrue to employees
     3  through collective bargaining  agreements,  or  otherwise  diminish  the
     4  integrity of the existing collective bargaining relationship.
     5    § 2. This act shall take effect immediately.