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A05008 Summary:

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A05008 Committee Votes:

A05008 Floor Votes:

A05008 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5008--A
                                                                Cal. No. 197
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  LIFTON, JAFFEE, COLTON, HEVESI, ENGLEBRIGHT,
          CRESPO, RUSSELL, AUBRY, GOTTFRIED, LINARES, OTIS, WALKER -- read  once
          and referred to the Committee on Governmental Employees -- advanced to
          a third reading, amended and ordered reprinted, retaining its place on
          the order of third reading
 
        AN  ACT directing the president of the civil service commission to study
          and publish a report evaluating wage disparities among public  employ-
          ers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Policy of the state. It is the  policy  of  this  state  to
     2  pursue the establishment of equitable compensation relationships between
     3  female-dominated,  male-dominated, and other segregated titles to elimi-
     4  nate wage disparities in  public  employment  statewide.    Compensation
     5  relationships  are equitable when the primary consideration in negotiat-
     6  ing, establishing, recommending, and approving total wages is the equiv-
     7  alent value of the job title content in relationship to other job titles
     8  and position classifications in civil service.
     9    § 2. Definitions. For the purposes of this act,
    10    (a) the  term "public employer" shall have  the  same  meaning  as  in
    11  subdivision six of section 201 of the civil service law;
    12    (b)  the term "position classification" shall have the same meaning as
    13  in subdivision eleven of section two of the civil service law;
    14    (c) the term "equal jobs" shall mean jobs that are  equal  within  the
    15  meaning of the Equal Pay Act of 1963, 29 U.S.C. 206(d);
    16    (d) the term "equivalent jobs" shall mean jobs or occupations that are
    17  equal  within  the  meaning  of  the  Equal  Pay  Act of 1963, 29 U.S.C.
    18  206(d), or jobs or occupations that are dissimilar  but  whose  require-
    19  ments  are  equivalent when viewed as a composite of the skills, effort,
    20  responsibilities and working conditions required by the work;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03966-05-6
        A. 5008--A                          2
 
     1    (e) the term "comparable worth" shall mean the equivalent value of two
     2  or more job titles for the purpose of  establishing  equivalent  compen-
     3  sation; and
     4    (f)  the  term "wages" and "wage rates" shall include all compensation
     5  in any form that an employer provides to employees in payment  for  work
     6  done or services rendered, including but not limited to base pay, bonus-
     7  es,  commissions, awards, tips, or various forms of non-monetary compen-
     8  sation if provided in lieu of or in addition  to  monetary  compensation
     9  and that have economic value to an employee.
    10    §  3.  The  president  of the state civil service commission is hereby
    11  directed to study and publish a report evaluating among public employers
    12  the existence of wage disparities related to the job  titles  segregated
    13  by  the  gender,  race  and/or  national  origin of the employees in the
    14  titles. The study and report shall include, but not be limited to:
    15    (a) the extent of wage disparities among job titles or position  clas-
    16  sifications of equal value;
    17    (b)  the  extent  of segregation of job titles or position classifica-
    18  tions by gender, race and national origin;
    19    (c) the identification of segregated job titles  or  position  classi-
    20  fications that are equivalent and of comparable worth;
    21    (d)  the  extent of wage disparities in segregated job titles or posi-
    22  tion classifications that are equivalent and of comparable worth;
    23    (e) the need for adjustment of wage rates for equivalent job titles or
    24  position classifications to provide compensation  of  comparable  worth;
    25  and
    26    (f)  the  plans  for adjusting wage rates and other recommendations to
    27  address any wage disparities in both equal jobs and  in  segregated  job
    28  titles or position classifications that are equivalent and of comparable
    29  worth.
    30    §  4.  Such  study shall use methodologies, such as a systematic point
    31  factor job evaluation system, that do not undervalue  jobs  or  position
    32  classifications  that  disproportionately  employ  women  and/or  racial
    33  and/or national origin minorities to analyze job title or position clas-
    34  sification content and equivalent value.
    35    § 5. The president of the  civil  service  commission  shall  use  the
    36  prescribed  methodology  to  determine  if there are wage disparities in
    37  segregated titles based on the equivalent value of the work. The  presi-
    38  dent  of  the  civil  service commission shall also, by January 1, 2018,
    39  submit the above described published report to the speaker of the assem-
    40  bly, the minority leader of the assembly, the temporary president of the
    41  senate, the minority leader of the senate and the governor's  office  of
    42  employee relations.
    43    § 6. This act shall take effect immediately.