Bill Text: NY S03262 | 2017-2018 | General Assembly | Introduced

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Bill Title: Directs the president of the civil service commission to study and publish a report evaluating public employers' wage disparities related to the job titles segregated by the gender, race and/or national origin of the employees in the title.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-06-06 - SUBSTITUTED BY A2549 [S03262 Detail]

Download: New_York-2017-S03262-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3262
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 20, 2017
                                       ___________
        Introduced  by  Sens. PARKER, BAILEY, KENNEDY, PERKINS -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Civil Service and Pensions
        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;
    21    (e) the term "comparable worth" shall mean the equivalent value of two
    22  or more job titles for the purpose of  establishing  equivalent  compen-
    23  sation; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07410-01-7
        S. 3262                             2
     1    (f)  the  term "wages" and "wage rates" shall include all compensation
     2  in any form that an employer provides to employees in payment  for  work
     3  done or services rendered, including but not limited to base pay, bonus-
     4  es,  commissions, awards, tips, or various forms of non-monetary compen-
     5  sation  if  provided  in lieu of or in addition to monetary compensation
     6  and that have economic value to an employee.
     7    § 3. The president of the state civil  service  commission  is  hereby
     8  directed to study and publish a report evaluating among public employers
     9  the  existence  of wage disparities related to the job titles segregated
    10  by the gender, race and/or national  origin  of  the  employees  in  the
    11  titles. The study and report shall include, but not be limited to:
    12    (a)  the extent of wage disparities among job titles or position clas-
    13  sifications of equal value;
    14    (b) the extent of segregation of job titles  or  position  classifica-
    15  tions by gender, race and national origin;
    16    (c)  the  identification  of segregated job titles or position classi-
    17  fications that are equivalent and of comparable worth;
    18    (d) the extent of wage disparities in segregated job titles  or  posi-
    19  tion classifications that are equivalent and of comparable worth;
    20    (e) the need for adjustment of wage rates for equivalent job titles or
    21  position  classifications  to  provide compensation of comparable worth;
    22  and
    23    (f) the plans for adjusting wage rates and  other  recommendations  to
    24  address  any  wage  disparities in both equal jobs and in segregated job
    25  titles or position classifications that are equivalent and of comparable
    26  worth.
    27    § 4. Such study shall use methodologies, such as  a  systematic  point
    28  factor  job  evaluation  system, that do not undervalue jobs or position
    29  classifications  that  disproportionately  employ  women  and/or  racial
    30  and/or national origin minorities to analyze job title or position clas-
    31  sification content and equivalent value.
    32    §  5.  The  president  of  the  civil service commission shall use the
    33  prescribed methodology to determine if there  are  wage  disparities  in
    34  segregated  titles based on the equivalent value of the work. The presi-
    35  dent of the civil service commission shall also,  by  January  1,  2019,
    36  submit the above described published report to the speaker of the assem-
    37  bly, the minority leader of the assembly, the temporary president of the
    38  senate,  the  minority leader of the senate and the governor's office of
    39  employee relations.
    40    § 6. This act shall take effect immediately.