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S05069 Summary:

S05069 Actions:

S05069 Committee Votes:

S05069 Floor Votes:

S05069 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5069
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      April 5, 2019
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend chapter 403 of the laws of 2018, directing the president
          of the civil service commission to study and publish a report evaluat-
          ing wage disparities among public employers, in relation to  directing
          the department of civil service to study and publish such report
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Chapter 403 of the laws of 2018, directing the president of
     2  the civil service commission to study and publish  a  report  evaluating
     3  wage disparities among public employers, is amended to read as follows:
     4    Section  1.  Policy  of  the  state. It is the policy of this state to
     5  pursue  the  establishment  of  equitable  compensation   [relationships
     6  between female-dominated, male-dominated, and other segregated] in civil
     7  service titles to eliminate wage disparities in public employment state-
     8  wide.  Compensation relationships are equitable when the primary consid-
     9  eration  in negotiating, establishing, recommending, and approving total
    10  wages is the equivalent value of the job title content  in  relationship
    11  to other job titles and position classifications in civil service.
    12    § 2. Definitions. For the purposes of this act,
    13    (a)  the    term  "public employer" shall [have the same meaning as in
    14  subdivision six of section 201 of the  civil  service  law]  mean  those
    15  employers  with  offices  and positions in the classified service of the
    16  state and its civil divisions;
    17    (b) the term "position classification" shall have the same meaning  as
    18  in subdivision [eleven] 11 of section [two] 2 of the civil service law;
    19    (c)  the  term "equal jobs" shall mean jobs that are equal [within the
    20  meaning of the Equal Pay Act of 1963, 29  U.S.C.  206(d)]  based  on  an
    21  examination  of the qualifications for and the nature and purpose of the
    22  work, organization and supervisory relationships and  basic  duties  and
    23  responsibilities;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11102-01-9
        S. 5069                             2
 
     1    (d)  the  term  "equivalent jobs" shall mean jobs or occupations [that
     2  are equal within the meaning of the Equal Pay Act  of  1963,  29  U.S.C.
     3  206(d),  or  jobs or occupations] that are dissimilar but whose require-
     4  ments are equivalent when viewed as a composite of the [skills,  effort,
     5  responsibilities  and]  job  qualifications, kind of work performed, the
     6  level of responsibility for that work, the skills utilized,  the  effort
     7  required, and the working conditions required by the work;
     8    (e) the term "comparable worth" shall mean the equivalent value of two
     9  or  more  job  titles for the purpose of establishing equivalent compen-
    10  sation; [and]
    11    (f) the term "wages" and "wage rates" shall  [include  all]  mean  the
    12  compensation  in  any  form  that  an  employer provides to employees in
    13  payment for work done or services rendered[, including but  not  limited
    14  to  base  pay,  bonuses,  commissions, awards, tips, or various forms of
    15  non-monetary compensation if provided in lieu of or in addition to mone-
    16  tary compensation and that have economic value to an employee.] that  is
    17  reflected on line three of the Federal W-2 Wage and Tax Statement;
    18    (g)  the  term  "classified service" shall have the same meaning as in
    19  section 40 of the civil service law; and
    20    (h) the term "segregated job title or position  classification"  shall
    21  mean  any  title  or  classification  in  which  the total percentage of
    22  employees of a particular gender or race/ethnicity identification in the
    23  title is greater than the percentage of that  gender  or  race/ethnicity
    24  identification in the employ of the public employer.
    25    § 3. The [president of the state] department of civil service [commis-
    26  sion]  is hereby directed to study and publish a report evaluating among
    27  public employers the existence of wage disparities related  to  the  job
    28  titles  segregated  by  the  gender[,  race  and/or national origin] and
    29  race/ethnicity identification of the employees in the titles. The  study
    30  and report shall include, but not be limited to:
    31    (a)  [the  extent  of wage disparities among] identification of segre-
    32  gated job titles or position classifications of  equal  value  including
    33  the percentages used to make such identification;
    34    (b)  the  extent  of segregation of job titles or position classifica-
    35  tions by gender[, race and national origin] and race/ethnicity identifi-
    36  cation;
    37    (c) the identification of [segregated] civil  service  job  titles  or
    38  position classifications that are equivalent and of comparable worth;
    39    (d)  the  extent of wage disparities in [segregated] civil service job
    40  titles or position classifications that are equivalent and of comparable
    41  worth;
    42    (e) the need for adjustment of wage rates for equivalent job titles or
    43  position classifications to provide compensation  of  comparable  worth;
    44  and
    45    (f) [the plans for] recommendations for adjusting wage rates and other
    46  recommendations  to  address any wage disparities in both equal jobs and
    47  in [segregated] civil service job  titles  or  position  classifications
    48  that are equivalent and of comparable worth.
    49    §  4.  [Such study shall use methodologies, such as] The department of
    50  civil service shall determine the appropriate methodology for the study,
    51  which may include a systematic point factor job evaluation system[, that
    52  do]. The methodology shall not undervalue jobs or  position  classifica-
    53  tions   that  disproportionately  employ  women  and/or  [racial  and/or
    54  national origin] racial/ethnic minorities to analyze job title or  posi-
    55  tion classification content and equivalent value.
        S. 5069                             3

     1    §  5.  The [president of the] department of civil service [commission]
     2  shall use the [prescribed] selected methodology to  determine  if  there
     3  are  wage  disparities in [segregated] civil service titles based on the
     4  equivalent value of the work by gender or race/ethnicity. The [president
     5  of the] department of civil service [commission] shall [also, by January
     6  1,  2019,] submit the above described published report to the speaker of
     7  the assembly, the minority leader of the assembly, the temporary  presi-
     8  dent of the senate, the minority leader of the senate and the governor's
     9  office  of employee relations no later than three years after the effec-
    10  tive date of this act.
    11    § 6.  The office of information and technology services shall  provide
    12  assistance to the department of civil service for the conduct and analy-
    13  sis of the study required by this act.
    14    §  7.    Every  public  employer  as  defined herein shall provide all
    15  requested assistance to the president of the civil service commission in
    16  the conduct of the study required by this act. Upon the request  of  the
    17  department,  it shall be the duty of each public employer to provide the
    18  department of civil service the name of each appointee  or  employee  in
    19  the  classified  service,  the  title  and  character  of such office or
    20  employment, the wage rate, the gender and race/ethnicity information and
    21  any other related information so requested  to  conduct  the  study.  It
    22  shall  be the duty of each officer of the public employer to comply with
    23  and aid  in all proper ways in carrying into effect  the  provisions  of
    24  this  study. Each employee of a public employer shall be provided with a
    25  sufficient period of time during normal scheduled work,  not  to  exceed
    26  four  hours on an annual basis, to participate in this study to evaluate
    27  wage disparities among public employers.
    28    § 8. This act shall take effect immediately.
    29    § 2. This act shall take effect immediately and  shall  be  deemed  to
    30  have  been  in  full force and effect on and after the effective date of
    31  chapter 403 of the laws of 2018.