NY State Assembly Bill 2015-A437A

Assembly Bill A437A

2015-2016 Legislative Session

Establishes policy of equal pay for both sexes and equivalent value of work and directs the taking of corrective action

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 11, 2016	referred to civil service and pensions delivered to senate passed assembly
Apr 05, 2016	amended on third reading 437a
Jan 06, 2016	ordered to third reading cal.32 returned to assembly died in senate
Apr 27, 2015	referred to civil service and pensions delivered to senate passed assembly
Apr 23, 2015	advanced to third reading cal.173
Apr 22, 2015	reported reported referred to ways and means
Jan 07, 2015	referred to governmental employees

Bill Amendments

Original

A (Active)

co-Sponsors

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multi-Sponsors

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2015-A437 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §118, add §119, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6712
2011-2012: A1780
2013-2014: A753
2017-2018: A658
2019-2020: A762

2015-A437 - Summary

Seeks to comply with the federal equal pay act of 1963 by implementing a state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles having been segregated by sex, race or national origin; requires the president of the civil service commission to report annually to the legislature and the governor on those segregated titles for which wage disparity exists; mandates governor to appropriate monies to ensure wage disparities are corrected.

2015-A437 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   437

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, JAFFEE, ROBINSON, PAULIN, SCHIMEL,
  WRIGHT, GOTTFRIED, GALEF, WEPRIN, HEVESI, ENGLEBRIGHT, SKOUFIS,  CRES-
  PO,  STECK,  SKARTADOS,  RUSSELL,  STIRPE,  SOLAGES,  ROBERTS, OTIS --
  Multi-Sponsored by -- M. of A. BRENNAN, BUCHWALD, COLTON, COOK, DINOW-
  ITZ, FARRELL, GLICK, HEASTIE, LUPARDO, PERRY -- read once and referred
  to the Committee on Governmental Employees

AN ACT to amend the civil service law, in  relation  to  implementing  a
  state  policy  of setting salaries on the basis of equivalent value of
  work

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 115 of the civil service law, as added by chapter
790 of the laws of 1958, is amended to read as follows:
  S 115.  Policy of the state. IT IS THE POLICY OF  NEW  YORK  STATE  TO
COMPLY  WITH  THE  LETTER  AND  SPIRIT  OF THE FEDERAL "EQUAL PAY ACT OF
1963," PUB. L. 88-38 (29 U.S.C. S 206) WHICH REQUIRES THAT EMPLOYEES  OF
BOTH  SEXES  RECEIVE EQUAL PAY FOR EQUAL WORK, THE FEDERAL "CIVIL RIGHTS
ACT OF 1964," PUB. L.   88-352 (42 U.S.C.  S  2000E-2)  WHICH  PROHIBITS
DISCRIMINATION  ON  THE  BASIS  OF SEX, RACE, AND NATIONAL ORIGIN IN ALL
TERMS OF EMPLOYMENT, ARTICLE FIFTEEN OF THE EXECUTIVE  LAW  AND  SECTION
FORTY-C  OF  THE  CIVIL RIGHTS LAW, WHICH PROHIBIT DISCRIMINATION ON THE
BASIS OF SEX, RACE OR  NATIONAL  ORIGIN  IN  ALL  TERMS  OF  EMPLOYMENT.
CONSISTENT  WITH  THESE  LAWS, IT IS THE POLICY OF THE STATE TO ENSURE A
FAIR, NON-BIASED WAGE STRUCTURE FOR ITS EMPLOYEES IN WHICH SEX, RACE, OR
NATIONAL ORIGIN IS NOT A CONSIDERATION EITHER DIRECTLY OR INDIRECTLY  IN
DETERMINING THE PROPER WAGES FOR A TITLE IN STATE SERVICE, NOR IN DETER-
MINING  THE  PAY  FOR  ANY  INDIVIDUAL  OR GROUP OF EMPLOYEES.   FOR THE
PURPOSE OF THIS CHAPTER,  THE  TERMS  "WAGES"  AND  WAGE  "RATES"  SHALL
INCLUDE  ALL  COMPENSATION,  IN  ANY  FORM, THAT AN EMPLOYER PROVIDES TO
EMPLOYEES IN PAYMENT FOR WORK DONE OR SERVICES RENDERED,  INCLUDING  BUT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03039-01-5

A. 437                              2

NOT  LIMITED TO BASE PAY, BONUSES, COMMISSIONS, AWARDS, TIPS, OR VARIOUS
FORMS OF NON-MONETARY COMPENSATION IF PROVIDED IN LIEU OF OR IN ADDITION
TO MONETARY COMPENSATION AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE. In
order  to  attract unusual merit and ability to the service of the state
of New York, to stimulate higher  efficiency  among  the  personnel,  to
provide  skilled  leadership  in  administrative  departments, to reward
merit and to insure to the people and the taxpayers of the state of  New
York  the  highest return in services for the necessary costs of govern-
ment, it is [hereby declared to be] the policy of the state  to  provide
equal  pay  for equal AND SIMILAR work AND FOR EQUIVALENT VALUE OF WORK,
and regular increases in pay in proper proportion to increase of  abili-
ty,  increase  of output and increase of quality of work demonstrated in
service.
  S 2. Paragraph (c) of subdivision  1  of  section  118  of  the  civil
service law, as added by chapter 790 of the laws of 1958, is amended and
two new paragraphs (d) and (e) are added to read as follows:
  (c)  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 pursu-
ant  to  this  article  and all positions having the same title shall be
allocated to the same salary grade.  EQUIVALENT VALUE OF WORK SHALL MEAN
TITLES OR POSITION CLASSIFICATIONS THAT ARE EQUAL WITHIN THE MEANING  OF
THE EQUAL PAY ACT OF 1963, 29 U.S.C. 206(D), OR TITLES OR POSITION CLAS-
SIFICATIONS  THAT  ARE DISSIMILAR BUT WHOSE REQUIREMENTS ARE EQUIVALENT,
WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING
CONDITIONS. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE  OF
WORK  REQUIRES  THAT CONSIDERATION OF SEX, RACE OR NATIONAL ORIGIN SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF WAGES.
  (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO
PAY DIFFERENT WAGE RATES TO EMPLOYEES,  WHERE  SUCH  PAYMENTS  ARE  MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2) THE GEOGRAPHIC LOCATION OF THE JOB; OR
  (3)  ANY  OTHER  BONA  FIDE  FACTOR  OTHER  THAN SEX, RACE OR NATIONAL
ORIGIN, PROVIDED HOWEVER, THAT SUCH FACTOR DOES NOT RESULT IN  DISCRIMI-
NATION BASED ON SEX, RACE OR NATIONAL ORIGIN.
  (E)  NOTHING  SET  FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES
THROUGH  COLLECTIVE  BARGAINING  AGREEMENTS,  OR  OTHERWISE DIMINISH THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  S 3. The civil service law is amended by adding a new section  119  to
read as follows:
  S  119.  EQUIVALENT  VALUE OF WORK; SEGREGATED JOB TITLES REVIEWED AND
ADJUSTED. 1. THE LEGISLATURE FINDS THAT DESPITE THE POLICY OF  NEW  YORK
STATE  AS  DECLARED  IN SECTION ONE HUNDRED FIFTEEN OF THIS ARTICLE, JOB
TITLES WHICH ARE SEGREGATED BY SEX, RACE, OR NATIONAL  ORIGIN  MAY  HAVE
BEEN  UNDERVALUED  AND  ASSIGNED WAGES WHICH DO NOT REFLECT THE RELATIVE
WORTH OF THE JOB. IT IS THE INTENT OF THE  LEGISLATURE  TO  REMEDY  SUCH
UNDERVALUATION AND TO CORRECT SUCH DISPARITIES.
  2.  THE CIVIL SERVICE COMMISSION SHALL PROMULGATE REGULATIONS SPECIFY-
ING THE METHODOLOGY FOR DETERMINING EQUIVALENT VALUE OF  WORK  BASED  ON
SKILL,  EFFORT,  RESPONSIBILITY, AND WORKING CONDITIONS. ANY METHODOLOGY
PRESCRIBED BY THE COMMISSION, SUCH AS  A  SYSTEMATIC  POINT  FACTOR  JOB
EVALUATION SYSTEM, SHALL ENSURE THAT COMPARISON SYSTEMS DO NOT IGNORE OR
UNDERVALUE  THE  WORTH OF JOBS WHERE WOMEN AND MINORITIES ARE DISPROPOR-
TIONATELY REPRESENTED. FOR THE PURPOSES OF THIS  CHAPTER,  A  SEGREGATED

A. 437                              3

TITLE  SHALL  CONSTITUTE  ANY  TITLE  IN  WHICH  THE TOTAL PERCENTAGE OF
EMPLOYEES OF A PARTICULAR SEX, RACE OR NATIONAL ORIGIN IN THE  TITLE  IS
EQUAL TO OR GREATER THAN ONE HUNDRED TWENTY PERCENT OF THE PERCENTAGE OF
THAT SEX, RACE OR NATIONAL ORIGIN IN THE STATE SERVICE.
  3.  THE PRESIDENT SHALL, BY JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND
EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE  AND  THE  GOVER-
NOR'S  OFFICE OF EMPLOYEE RELATIONS, A LIST SHOWING, BY NEGOTIATING UNIT
AND FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGREGATED  TITLES  FOR
WHICH  A DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE OF THE WORK. THE
PRESIDENT SHALL ALSO SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF
EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET ALONG WITH  THE  LIST,  AN
ESTIMATE  OF  THE  APPROPRIATION  NECESSARY TO CORRECT SUCH DISPARITIES.
WHEN THE DEPARTMENT CREATES NEW TITLES OR, BECAUSE OF  MERGES  OR  TAKE-
OVERS,  TRANSFERS  STATE  WORKFORCE FROM ONE TITLE TO ANOTHER TITLE, THE
PRESIDENT  SHALL RE-SUBMIT SUCH LIST OF ANY SEGREGATED TITLES FOR  WHICH
A  DISPARITY  EXISTS  BASED  ON  THE  EQUIVALENT VALUE OF WORK AND SHALL
SUBMIT TO THE LEGISLATURE, THE GOVERNOR'S OFFICE OF  EMPLOYEE  RELATIONS
AND  THE  DIVISION OF BUDGET WITH SUCH LIST AN ESTIMATE OF THE APPROPRI-
ATION NECESSARY TO CORRECT SUCH DISPARITIES.
  4. BEGINNING WITH THE  BUDGET  REQUESTS  FOR  THE  FIRST  FISCAL  YEAR
COMMENCING  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL
INCLUDE THE APPROPRIATION NECESSARY TO ENSURE  THAT  WAGES  ARE  SET  IN
ACCORDANCE  WITH SUBDIVISION ONE OF THIS SECTION AND SECTION ONE HUNDRED
FIFTEEN AND PARAGRAPH (C) OF SUBDIVISION  ONE  OF  SECTION  ONE  HUNDRED
EIGHTEEN OF THIS ARTICLE.
  5.  THE  PRESIDENT  SHALL  NOT,  IN ORDER TO COMPLY WITH THIS SECTION,
REDUCE THE WAGES OF ANY EMPLOYEE OR REDUCE THE WAGE RATE FOR  ANY  POSI-
TION.
  S 4. This act shall take effect immediately.

co-Sponsors

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multi-Sponsors

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2015-A437A (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §118, add §119, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6712
2011-2012: A1780
2013-2014: A753
2017-2018: A658
2019-2020: A762

2015-A437A (ACTIVE) - Summary

2015-A437A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 437--A
                                                         Cal. No. 32

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, JAFFEE, ROBINSON, PAULIN, SCHIMEL,
  WRIGHT, GOTTFRIED, GALEF, WEPRIN, HEVESI, ENGLEBRIGHT, SKOUFIS,  CRES-
  PO,  STECK, SKARTADOS, RUSSELL, STIRPE, SOLAGES, OTIS, WALKER, COLTON,
  MILLER, LINARES -- Multi-Sponsored by -- M. of A.  BRENNAN,  BUCHWALD,
  COOK,  DINOWITZ,  FARRELL,  GLICK,  LUPARDO,  PERRY  --  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 to amend the civil service law, in  relation  to  implementing  a
  state  policy  of setting salaries on the basis of equivalent value of
  work

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph (c) of subdivision 1 of section 118 of the civil
service law, as added by chapter 790 of the laws of 1958, is amended and
three new paragraphs (d), (e) and (f) are added to read as follows:
  (c)  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 pursu-
ant  to  this  article  and all positions having the same title shall be
allocated to the same salary grade.  EQUIVALENT VALUE OF WORK SHALL MEAN
TITLES OR POSITION CLASSIFICATIONS THAT ARE EQUAL WITHIN THE MEANING  OF
THE EQUAL PAY ACT OF 1963, 29 U.S.C. 206(D), OR TITLES OR POSITION CLAS-
SIFICATIONS  THAT  ARE DISSIMILAR BUT WHOSE REQUIREMENTS ARE EQUIVALENT,
WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT, RESPONSIBILITY AND WORKING
CONDITIONS. THE PRINCIPLE OF FAIR AND EQUAL PAY FOR EQUIVALENT VALUE  OF
WORK  REQUIRES  THAT CONSIDERATION OF SEX, RACE OR NATIONAL ORIGIN SHALL
NOT INFLUENCE DIRECTLY OR INDIRECTLY THE ESTABLISHMENT OF COMPENSATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03039-04-6

A. 437--A                           2

  (D) IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO
PAY DIFFERENT COMPENSATION TO EMPLOYEES, WHERE SUCH  PAYMENTS  ARE  MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2)  A  BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY
OF PRODUCTION;
  (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS;
  (4) ANY OTHER BONA FIDE  FACTOR  OTHER  THAN  SEX,  RACE  OR  NATIONAL
ORIGIN,  SUCH  AS  EDUCATION,  TRAINING, OR EXPERIENCE. SUCH FACTOR: (A)
SHALL NOT BE BASED UPON OR DERIVED FROM A SEX, RACE, OR NATIONAL  ORIGIN
BASED  DIFFERENTIAL  IN  COMPENSATION  AND (B) SHALL BE JOB-RELATED WITH
RESPECT TO THE POSITION IN QUESTION AND SHALL BE CONSISTENT  WITH  BUSI-
NESS NECESSITY. SUCH EXCEPTION UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN
THE EMPLOYEE DEMONSTRATES (I) THAT AN EMPLOYER USES A PARTICULAR EMPLOY-
MENT  PRACTICE THAT CAUSES A DISPARATE IMPACT ON THE BASIS OF SEX, RACE,
OR NATIONAL ORIGIN, (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE  EXISTS
THAT WOULD SERVE THE SAME PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL, AND
(III) THAT THE EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE PRACTICE.
  (E)  FOR  THE  PURPOSE OF PARAGRAPH (D) OF THIS SUBDIVISION, "BUSINESS
NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST  RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
  (F)  NOTHING  SET  FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES
THROUGH  COLLECTIVE  BARGAINING  AGREEMENTS,  OR  OTHERWISE DIMINISH THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  S 2. The civil service law is amended by adding a new section  119  to
read as follows:
  S  119.  EQUIVALENT  VALUE OF WORK; SEGREGATED JOB TITLES REVIEWED AND
ADJUSTED.   THE CIVIL SERVICE COMMISSION  SHALL  PROMULGATE  REGULATIONS
SPECIFYING  THE  METHODOLOGY  FOR  DETERMINING  EQUIVALENT VALUE OF WORK
BASED ON SKILL, EFFORT,  RESPONSIBILITY,  AND  WORKING  CONDITIONS.  ANY
METHODOLOGY  PRESCRIBED  BY  THE  COMMISSION, SUCH AS A SYSTEMATIC POINT
FACTOR JOB EVALUATION SYSTEM, SHALL ENSURE THAT  COMPARISON  SYSTEMS  DO
NOT IGNORE OR UNDERVALUE THE WORTH OF JOBS WHERE A CERTAIN SEX, RACE, OR
NATIONAL  ORIGIN  IS DISPROPORTIONATELY REPRESENTED. FOR THE PURPOSES OF
THIS CHAPTER, A SEGREGATED TITLE SHALL CONSTITUTE ANY TITLE IN WHICH THE
TOTAL PERCENTAGE OF EMPLOYEES OF A  PARTICULAR  SEX,  RACE  OR  NATIONAL
ORIGIN  IN  THE  TITLE  IS  EQUAL  TO OR GREATER THAN ONE HUNDRED TWENTY
PERCENT OF THE PERCENTAGE OF THAT SEX, RACE OR NATIONAL  ORIGIN  IN  THE
EMPLOY  OF THE STATE OR THE POLITICAL SUBDIVISION. THE DEPARTMENT SHALL,
UPON THE REQUEST OF  ANY  LOCAL  CIVIL  SERVICE  ADMINISTRATION,  RENDER
SERVICE  OR  TECHNICAL  ADVICE  AND  ASSISTANCE RELATIVE TO THE POSITION
CLASSIFICATION AND PAY EQUITY COMPENSATION  ASSESSMENT  OF  OFFICES  AND
EMPLOYMENTS  UNDER THE JURISDICTION OF SUCH LOCAL CIVIL SERVICE ADMINIS-
TRATION PURSUANT TO SUBDIVISION ONE  OF  SECTION  TWENTY-THREE  OF  THIS
CHAPTER.
  2.  THE  PRESIDENT SHALL, BY JANUARY FIRST, TWO THOUSAND EIGHTEEN, AND
EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLATURE  AND  THE  GOVER-
NOR'S  OFFICE OF EMPLOYEE RELATIONS, A LIST SHOWING, BY NEGOTIATING UNIT
AND FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGREGATED  TITLES  FOR
WHICH  A  DISPARITY  EXISTS BASED ON THE EQUIVALENT VALUE OF THE WORK AS
THAT TERM IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  ONE
HUNDRED  EIGHTEEN  OF THIS TITLE. THE PRESIDENT SHALL ALSO SUBMIT TO THE
LEGISLATURE, THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND  THE  DIVI-
SION  OF  BUDGET  ALONG  WITH THE LIST, AN ESTIMATE OF THE APPROPRIATION
NECESSARY TO CORRECT SUCH DISPARITIES. WHEN THE DEPARTMENT  CREATES  NEW

A. 437--A                           3

TITLES  OR,  BECAUSE OF MERGERS OR TAKE-OVERS, TRANSFERS STATE WORKFORCE
FROM ONE TITLE TO ANOTHER TITLE, THE PRESIDENT SHALL RE-SUBMIT SUCH LIST
OF ANY SEGREGATED TITLES FOR WHICH  A  DISPARITY  EXISTS  BASED  ON  THE
EQUIVALENT VALUE OF WORK AND SHALL SUBMIT TO THE LEGISLATURE, THE GOVER-
NOR'S  OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF BUDGET WITH SUCH
LIST AN ESTIMATE OF THE APPROPRIATION NECESSARY TO CORRECT SUCH DISPARI-
TIES.
  3. BY OCTOBER FIRST, TWO THOUSAND  SEVENTEEN,  AND  EVERY  FIVE  YEARS
THEREAFTER,  ALL LOCAL CIVIL SERVICE ADMINISTRATIONS SHALL SUBMIT TO THE
PRESIDENT OF THE COMMISSION A LIST SHOWING, BY NEGOTIATING UNIT AND  FOR
MANAGEMENT/CONFIDENTIAL  EMPLOYEES,  THOSE SEGREGATED TITLES FOR WHICH A
DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE OF THE WORK.  THE  PRESI-
DENT OF THE COMMISSION SHALL COMPILE THE LISTS PROVIDED TO HIM OR HER BY
THE LOCAL CIVIL SERVICE ADMINISTRATIONS AND, BY JANUARY FIRST, TWO THOU-
SAND  EIGHTEEN,  AND EVERY FIVE YEARS THEREAFTER, SUBMIT TO THE LEGISLA-
TURE AND THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS, A LIST SHOWING, BY
NEGOTIATING UNIT AND FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES, THOSE SEGRE-
GATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON THE EQUIVALENT  VALUE
OF THE WORK AS REPORTED BY THE LOCAL CIVIL SERVICE ADMINISTRATIONS. WHEN
A  LOCAL  CIVIL SERVICE ADMINISTRATION CREATES NEW TITLES OR, BECAUSE OF
MERGERS OR TAKE-OVERS, TRANSFERS WORKFORCE FROM  ONE  TITLE  TO  ANOTHER
TITLE,  IT  SHALL RE-SUBMIT TO THE PRESIDENT OF THE COMMISSION A LIST OF
ANY SEGREGATED TITLES FOR WHICH A DISPARITY EXISTS BASED ON  THE  EQUIV-
ALENT VALUE OF WORK, WHO WILL THEN SUBMIT THE LIST TO THE LEGISLATURE.
  4.  UPON THE DISCOVERY OF THE EXISTENCE OF SEGREGATED TITLES FOR WHICH
A DISPARITY EXISTS BASED ON THE EQUIVALENT VALUE OF WORK,  THE  EMPLOYER
AND  THE  STATE CIVIL SERVICE COMMISSION OR LOCAL CIVIL SERVICE ADMINIS-
TRATION, AS APPLICABLE, SHALL CORRECT THE DISPARITY.
  5. AN EMPLOYER WHO IS IN VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE
OF SECTION ONE HUNDRED EIGHTEEN OF THIS  TITLE,  AS  DETERMINED  BY  THE
COMMISSION,  SHALL NOT, IN ORDER TO COMPLY WITH THIS SECTION, REDUCE THE
COMPENSATION OF ANY EMPLOYEE OR REDUCE THE COMPENSATION  FOR  ANY  POSI-
TION.
  6.  BEGINNING  WITH  THE  BUDGET  REQUESTS  FOR  THE FIRST FISCAL YEAR
COMMENCING AFTER THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR  SHALL
INCLUDE  THE  APPROPRIATION  NECESSARY  TO  ENSURE THAT COMPENSATION FOR
STATE EMPLOYEES ARE SET IN ACCORDANCE WITH SECTION ONE  HUNDRED  FIFTEEN
AND  PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ONE HUNDRED EIGHTEEN OF
THIS TITLE.
  S 3. This act shall take effect immediately.

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Assembly Bill A437A

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Sponsored By

ROSENTHAL

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Bill Amendments

co-Sponsors

Ellen C. Jaffee

Annette Robinson

Amy Paulin

Michelle Schimel

multi-Sponsors

James F. Brennan

David Buchwald

Vivian Cook

Jeffrey Dinowitz

2015-A437 - Details

2015-A437 - Summary

2015-A437 - Bill Text download pdf

co-Sponsors

Ellen C. Jaffee

Annette Robinson

Amy Paulin

Michelle Schimel

multi-Sponsors

James F. Brennan

David Buchwald

Vivian Cook

Jeffrey Dinowitz

2015-A437A (ACTIVE) - Details

2015-A437A (ACTIVE) - Summary

2015-A437A (ACTIVE) - Bill Text download pdf

Comments