A06448 Summary:

BILL NOA06448A
 
SAME ASNo same as
 
SPONSORJaffee (MS)
 
COSPNSRLifton, Millman, Galef, Colton, Clark, Rosenthal, Weprin, Stevenson, Rivera P, Farrell, Hevesi
 
MLTSPNSRAbinanti, Arroyo, Aubry, Boyland, Brennan, Cahill, Dinowitz, Gibson, Glick, Gottfried, Heastie, Hooper, Jacobs, Latimer, Lavine, Lentol, Lupardo, Magnarelli, Markey, McEneny, Meng, Nolan, Paulin, Peoples-Stokes, Perry, Rivera N, Rodriguez, Russell, Schimel, Simotas, Sweeney, Titus, Weinstein, Zebrowski
 
Add S28, Civ Serv L
 
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.
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A06448 Floor Votes:

DATE:04/11/2011Assembly Vote  YEA/NAY: 100/45
AbbateYClarkYGoodellNOLentolYMurrayNOSaladinoY
AbinantiYColtonYGottfriedYLiftonYNolanYSaywardNO
AmedoreNOConteNOGrafNOLinaresYOaksNOScarboroughER
ArroyoYCookYGuntherYLope P NOO'DonnellYSchimelY
AubryYCorwinNOHannaNOLope V YOrtizYSchimmingerNO
BarclayNOCrespoYHawleyNOLosquadroNOPalmesanoNOSchroederY
BarronERCrouchNOHayesNOLupardoYPaulinYSimotasY
BenedettoYCurranYHeastieYMageeYPeoples StokesYSmardzNO
BingYCusickYHevesiYMagnarelliYPerryYSpanoY
BlankenbushNOCymbrowitzYHikindYMaiselYPhefferYStevensonY
BoylandYDenDekkerYHooperYMalliotakisYPretlowYSweeneyY
BoyleNODestitoYHoytYMarkeyYRaYTediscoNO
BraunsteinYDinowitzYJacobsYMcDonoughNORabbittNOTenneyNO
BrennanYDupreyNOJaffeeYMcEnenyYRaiaYThieleY
BronsonYEnglebrightYJeffriesYMcKevittYRamosYTitoneY
Brook KrasnyYFarrellYJohnsNOMcLaughlinNOReilichNOTitusY
BurlingNOFinchNOJordanNOMengYReillyYTobaccoNO
ButlerNOFitzpatrickNOKatzNOMill D NORive J YWeinsteinY
CahillYFriendNOKavanaghYMill J NORive N YWeisenbergY
CalhounNOGabryszakYKellnerYMill M YRive P YWeprinY
CamaraYGalefYKirwanNOMillmanYRobertsYWrightY
CanestrariYGanttYKolbNOMolinaroNORobinsonYZebrowskiY
CastelliYGibsonYLancmanYMontesanoNORodriguezYMr SpkrY
CastroYGiglioNOLatimerYMorelleYRosenthalY
CerettoNOGlickERLavineYMoyaYRussellY

DATE:04/17/2012Assembly Vote  YEA/NAY: 98/44
AbbateYCerettoYGlickYLentolYMurrayNORyanY
AbinantiYClarkERGoldfederYLiftonYNolanYSaladinoNO
AmedoreNOColtonYGoodellNOLinaresYOaksNOSaywardNO
ArroyoYConteNOGottfriedYLope P NOO'DonnellYScarboroughY
AubryYCookYGrafNOLope V YOrtizERSchimelY
BarclayNOCorwinNOGuntherYLosquadroNOPalmesanoNOSchimmingerNO
BarrettYCrespoYHannaNOLupardoYPaulinYSimanowitzY
BarronERCrouchNOHawleyNOMageeNOPeoples StokesYSimotasER
BenedettoYCurranNOHeastieYMagnarelliYPerryYSkartadosY
BlankenbushNOCusickYHevesiYMaiselYPretlowYSmardzY
BoylandYCymbrowitzYHikindYMalliotakisNOQuartYStevensonY
BoyleNODenDekkerYHooperYMarkeyERRaYSweeneyY
BraunsteinYDinowitzYJacobsYMayerYRabbittNOTediscoNO
BrennanYDupreyNOJaffeeYMcDonoughNORaiaYTenneyNO
BrindisiYEnglebrightYJeffriesERMcEnenyYRamosYThieleY
BronsonYEspinalYJohnsNOMcKevittYReilichNOTitoneY
Brook KrasnyYFarrellYJordanNOMcLaughlinNOReillyYTitusY
BurlingNOFinchNOKatzNOMengYRive J YTobaccoNO
ButlerNOFitzpatrickNOKavanaghYMill D NORive N YWalterNO
CahillYFriendNOKearnsYMill J NORive P YWeinsteinY
CalhounERGabryszakYKellnerYMill M YRobertsYWeisenbergER
CamaraYGalefYKolbNOMillmanYRobinsonYWeprinY
CanestrariYGanttYLancmanYMontesanoNORodriguezYWrightY
CastelliYGibsonYLatimerYMorelleYRosenthalYZebrowskiY
CastroYGiglioNOLavineYMoyaYRussellYMr SpkrY

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A06448 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6448A
 
SPONSOR: Jaffee (MS)
  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 work- ing in positions of comparable worth are paid equally.   SUMMARY OF SPECIFIC PROVISIONS: This bill would: 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 Presi- dent of the Civil Service Commission every five years on those segre- gated titles for which wage disparity exists. 5. Require local civil service administrations to report to the Presi- dent 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 77 percent of men's median income in 2009. 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 star- tling 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. Administra- tive assistants tend to be paid less than custodians, emergency services operators less than fire dispatchers. This is unacceptable. Jobs tradi- tionally 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 equiv- alent 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: 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.
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A06448 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6448--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 17, 2011
                                       ___________
 
        Introduced  by  M.  of A. JAFFEE, LIFTON, MILLMAN, GALEF, COLTON, CLARK,
          ROSENTHAL, WEPRIN, STEVENSON, P. RIVERA, FARRELL -- Multi-Sponsored by
          -- M. of A.  ABINANTI, ARROYO, AUBRY, BOYLAND, BRENNAN, CAHILL, DINOW-
          ITZ, GIBSON, GLICK, GOTTFRIED, HEASTIE, HEVESI, HOOPER, JACOBS, LATIM-
          ER, LAVINE, LENTOL, LUPARDO, MAGNARELLI, MARKEY, McENENY, MENG, NOLAN,

          PAULIN, PEOPLES-STOKES, N. RIVERA, RODRIGUEZ, RUSSELL, SCHIMEL,  SIMO-
          TAS, SWEENEY, TITUS, WEINSTEIN, ZEBROWSKI -- read once and referred to
          the  Committee on Governmental Employees -- recommitted to the Commit-
          tee on Governmental Employees in accordance with Assembly Rule 3, sec.
          2 -- committee discharged, bill amended, ordered reprinted as  amended
          and recommitted to said committee
 
        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:
 
     1    Section 1. The civil service law is amended by adding a new section 28
     2  to read as follows:
     3    §  28.  Policy of the state. 1. It is the policy of New York state and

     4  all political subdivisions thereof to comply with the letter and  spirit
     5  of the federal "Equal Pay Act of 1963," Pub. L. 88-38 (29 U.S.C.  § 206)
     6  which  requires that employees of both sexes receive equal pay for equal
     7  work, the federal "Civil Rights Act of 1964," Pub. L. 88-352 (42  U.S.C.
     8  §  2000e-2)  which prohibits discrimination on the basis of sex, race or
     9  national origin in all terms of employment, article fifteen of the exec-
    10  utive law and section forty-c of the civil rights  law,  which  prohibit
    11  discrimination on the basis of sex, race or national origin in all terms
    12  of employment. Consistent with these laws, it is the policy of the state
    13  to ensure a fair, non-biased compensation structure for all employees in

    14  which sex, race or national origin is not a consideration either direct-
    15  ly  or  indirectly  in  determining  the  proper wages for a title or in
    16  determining the pay for any individual or group of  employees.  For  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01707-02-2

        A. 6448--A                          2
 
     1  purpose  of  this  section,  the  terms  "wages"  and "wage rates" shall
     2  include all compensation in  any  form  that  an  employer  provides  to
     3  employees  in  payment for work done or services rendered, including but

     4  not  limited to base pay, bonuses, commissions, awards, tips, or various
     5  forms of non-monetary compensation if provided in lieu of or in addition
     6  to monetary compensation and that have economic value to an employee. In
     7  order to attract unusual merit and ability to the service of  the  poli-
     8  tical subdivisions of New York, to stimulate higher efficiency among the
     9  personnel,  to provide skilled leadership in administrative departments,
    10  to reward merit and to insure to the people and  the  taxpayers  of  the
    11  state of New York the highest return in services for the necessary costs
    12  of  government,  it  is the policy of the state to provide equal pay for
    13  equal and similar work and for equivalent value  of  work,  and  regular

    14  increases  in  pay in proper proportion to increase of ability, increase
    15  of output and increase of quality of work demonstrated in  service.  For
    16  the  purpose  of  this  section,  the  term  "political  subdivision" is
    17  consistent with the definition in section one  hundred  of  the  general
    18  municipal law.
    19    2. The principle of fair and equal pay for similar work and for equiv-
    20  alent  value of work shall be followed in the classification and reclas-
    21  sification and the allocation and  reallocation  of  positions  and  all
    22  positions  having  the  same title shall be allocated to the same salary
    23  grade. Equivalent value of work shall mean titles  or  position  classi-
    24  fications  that  are  equal within the meaning of the "Equal Pay Act  of

    25  1963", Pub. L. 88-38 (29 U.S.C. 206(d)), or titles or  position  classi-
    26  fications  that  are  dissimilar  but whose requirements are equivalent,
    27  when viewed as a composite of skills, effort, responsibility and working
    28  conditions. The principle of fair and equal pay for equivalent value  of
    29  work  requires  that consideration of sex, race or national origin shall
    30  not influence directly or indirectly the establishment of wages.
    31    It shall not be an unlawful employment practice for an employer to pay
    32  different wage rates to employees, where such payments are made pursuant
    33  to:
    34    (a) a bona fide seniority or merit system;
    35    (b) the geographic location of the job; or

    36    (c) any other bona fide  factor  other  than  sex,  race  or  national
    37  origin,  provided however, that such factor does not result in discrimi-
    38  nation based on sex, race or national origin.
    39    Nothing set forth in  this  section  shall  be  construed  to  impede,
    40  infringe  or  diminish the rights and benefits which accrue to employees
    41  through collective bargaining  agreements,  or  otherwise  diminish  the
    42  integrity of the existing collective bargaining relationship.
    43    3.  The commission shall promulgate regulations specifying the method-
    44  ology for determining equivalent value of work based on  skill,  effort,
    45  responsibility,  and  working  conditions. Any methodology prescribed by

    46  the commission, such as a  systematic  point  evaluation  system,  shall
    47  ensure  that comparison systems do not ignore or undervalue the worth of
    48  jobs where women and minorities are disproportionately represented.  For
    49  the  purposes  of  this section, a segregated title shall constitute any
    50  title in which the total percentage of  employees  in  the  title  of  a
    51  particular  sex, race or national origin is equal to or greater than one
    52  hundred twenty percent of the percentage of that sex, race  or  national
    53  origin in the employ of the political subdivision. The department shall,
    54  upon  the  request  of  any  local  civil service administration, render
    55  service or technical advice and  assistance  relative  to  the  position

    56  classification  and  pay  equity  compensation assessment of offices and

        A. 6448--A                          3
 
     1  employments under the jurisdiction of such local civil service  adminis-
     2  tration  pursuant  to  subdivision  one  of section twenty-three of this
     3  title.
     4    4. By October first, two thousand thirteen, and every five years ther-
     5  eafter,  all  local  civil  service  administrations pursuant to section
     6  fifteen of this title, shall submit to the president of the commission a
     7  list  showing,  by  negotiating  unit  and  for  management/confidential
     8  employees, those segregated titles for which a disparity exists based on
     9  the  equivalent value of the work. The president of the commission shall

    10  compile the lists provided to them by the local civil  service  adminis-
    11  trations  and,  by  January first, two thousand fourteen, and every five
    12  years thereafter, submit to the legislature and the governor's office of
    13  employee  relations,  a  list  showing,  by  negotiating  unit  and  for
    14  management/confidential  employees,  those segregated titles for which a
    15  disparity exists based on the equivalent value of the work  as  reported
    16  by the local civil service administrations.
    17    5.  When  a  local civil service administration creates new titles or,
    18  because of mergers or takeovers, transfers workforce from one  title  to
    19  another  title,  it shall re-submit to the president of the commission a

    20  list of any segregated titles for which a disparity exists based on  the
    21  equivalent  value of work, who will then submit the list to the legisla-
    22  ture.
    23    6. Upon the discovery of the existence of segregated titles for  which
    24  a  disparity  exists based on the equivalent value of work, the employer
    25  and the local civil service administration shall correct the  disparity.
    26  An  employer  who  is in violation of this section, as determined by the
    27  commission, shall not, in order to comply with this section, reduce  the
    28  wages of any employee or reduce the wage rate for any position.
    29    § 2. This act shall take effect immediately.
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