US Woman score Again:Governor Signs Major Changes to NY’s Wage Discrimination Laws

July 15, 2019 at 9:49 am Leave a comment

The clock is now ticking for employers to prepare for two major changes to employment law in New York state which, not coincidently, were signed into law, the day that NYC held a parade for the US Woman’s Soccer team.   Make sure your HR person knows about these changes; they are big deals which will require additional training for anyone handling interviews or promotions.

NY law bans paying someone less for work which requires equal skill, effort and responsibility, and which is performed under similar working conditions because of their sex. Governor Cuomo signed S.5248 B. which extends this ban to paying an individual less because they belong to a protected class.  New York has a broad range of protected classes ranging from disability to sexual orientation.

The bill also expands the scope of what constitutes an  illegal pay disparity. Under existing law it is illegal to pay someone less for a job which requires equal skill,   effort and responsibility, and which is performed under similar working conditions. This prohibition has been amended to prohibit paying someone   less for “substantially similar work” “when viewed as a composite of skill, effort, and responsibility, and performed under similar and  working conditions”

You might want to call in the salary consultants on this one. This bill takes effect   in 90 days

The second law, Senate 6549, deals with an issue that I have already discussed with you folks. It prohibits employers from inquiring about a job applicant’s salary or wage  history when considering whether or not to offer someone a job or promotion.   This prohibition will not prevent a job applicant from voluntarily disclosing their salary for purposes of negotiation provided they are not prompted to do so. Employers will be able to confirm this voluntarily disclosed information.

 

This bill was signed on July 10th, not coincidentally the same day as the Victory Parade for the US Women’s Soccer Team in NYC and takes effect early Next year.

 

Entry filed under: HR, New York State.

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Authored By:

Henry Meier, Esq., Senior Vice President, General Counsel, New York Credit Union Association.

The views Henry expresses are Henry’s alone and do not necessarily reflect the views of the Association. In addition, although Henry strives to give his readers useful and accurate information on a broad range of subjects, many of which involve legal disputes, his views are not a substitute for legal advise from retained counsel.

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