S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2549
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M.  of  A.  LIFTON, JAFFEE, COLTON, HEVESI, ENGLEBRIGHT,
   CRESPO, JENNE, AUBRY, GOTTFRIED, OTIS, WALKER -- Multi-Sponsored by --
   M. of A. NOLAN -- read once and referred to the Committee  on  Govern-
   mental Employees
 
 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:
 
   Section 1. Policy of the state. It is the  policy  of  this  state  to
 pursue the establishment of equitable compensation relationships between
 female-dominated,  male-dominated, and other segregated titles to elimi-
 nate wage disparities in  public  employment  statewide.    Compensation
 relationships  are equitable when the primary consideration in negotiat-
 ing, establishing, recommending, and approving total wages is the equiv-
 alent value of the job title content in relationship to other job titles
 and position classifications in civil service.
   § 2. Definitions. For the purposes of this act,
   (a) the  term "public employer" shall have  the  same  meaning  as  in
 subdivision six of section 201 of the civil service law;
   (b)  the term "position classification" shall have the same meaning as
 in subdivision eleven of section two of the civil service law;
   (c) the term "equal jobs" shall mean jobs that are  equal  within  the
 meaning of the Equal Pay Act of 1963, 29 U.S.C. 206(d);
   (d) the term "equivalent jobs" shall mean jobs or occupations that are
 equal  within  the  meaning  of  the  Equal  Pay  Act of 1963, 29 U.S.C.
 206(d), or jobs or occupations that are dissimilar  but  whose  require-
 ments  are  equivalent when viewed as a composite of the skills, effort,
 responsibilities and working conditions required by the work;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07410-01-7

              

 A. 2549                             2
 
   (e) the term "comparable worth" shall mean the equivalent value of two
 or more job titles for the purpose of  establishing  equivalent  compen-
 sation; and
   (f)  the  term "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 not limited to base pay, bonus-
 es,  commissions, awards, tips, or various forms of non-monetary compen-
 sation if provided in lieu of or in addition  to  monetary  compensation
 and that have economic value to an employee.
   §  3.  The  president  of the state civil service commission is hereby
 directed to study and publish a report evaluating among public employers
 the existence of wage disparities related to the job  titles  segregated
 by  the  gender,  race  and/or  national  origin of the employees in the
 titles. The study and report shall include, but not be limited to:
   (a) the extent of wage disparities among job titles or position  clas-
 sifications of equal value;
   (b)  the  extent  of segregation of job titles or position classifica-
 tions by gender, race and national origin;
   (c) the identification of segregated job titles  or  position  classi-
 fications that are equivalent and of comparable worth;
   (d)  the  extent of wage disparities in segregated job titles or posi-
 tion classifications that are equivalent and of comparable worth;
   (e) the need for adjustment of wage rates for equivalent job titles or
 position classifications to provide compensation  of  comparable  worth;
 and
   (f)  the  plans  for adjusting wage rates and other recommendations to
 address any wage disparities in both equal jobs and  in  segregated  job
 titles or position classifications that are equivalent and of comparable
 worth.
   §  4.  Such  study shall use methodologies, such as a systematic point
 factor job evaluation system, that do not undervalue  jobs  or  position
 classifications  that  disproportionately  employ  women  and/or  racial
 and/or national origin minorities to analyze job title or position clas-
 sification content and equivalent value.
   § 5. The president of the  civil  service  commission  shall  use  the
 prescribed  methodology  to  determine  if there are wage disparities in
 segregated titles based on the equivalent value of the work. The  presi-
 dent  of  the  civil  service commission shall also, by January 1, 2019,
 submit the above described published report to the speaker of the assem-
 bly, the minority leader of the assembly, the temporary president of the
 senate, the minority leader of the senate and the governor's  office  of
 employee relations.
   § 6. This act shall take effect immediately.