The State of New York has enacted legislation (Assembly Bill 8093) that will expand the state’s equal pay requirements. Assembly Bill 8093 takes effect October 8, 2019.
Background:
Currently, state law prohibits employers from paying an employee less than they pay an employee of the opposite sex for equal work on a job that requires equal skill, effort, and responsibility, and which is performed under similar working conditions.
Assembly Bill 8093:
Assembly Bill 8093 expands the equal pay law to cover all protected classes from such pay discrimination. Thus, employers will be prohibited from paying an employee in a protected class less than an employee outside that protected class for equal work. Assembly Bill 8093 also prohibits wage differentials between protected classes for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.
Under the law, a protected class includes age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status, and other employees and interns protected under the New York State Human Rights Law.
Exceptions:
Wage differentials are permitted if they are based on a:
· Seniority system;
· Merit system;
· System that measures earnings by quantity or quality of production; or
· Bona fide factor other than status within one or more protected classes, such as education, training, or experience.
Note: See the text of the law for rules on applying these exceptions.
Compliance Recommendations:
New York employers should review their pay practices to ensure compliance with Assembly Bill 8093.
Please contact your dedicated service professional with any questions.