IMPORTANT LAW UPDATE FOR ALL EMPLOYERS IN NEW YORK STATE
Effective October 8, 2019, New York State’s Pay Equity Law will be expanded.
The law previously required an employee to show that he or she received less pay while performing “equal work” as an employee of the opposite gender.
The new standard guarantees equal pay among employees performing “substantially similar” work, which means an employee will be able to establish a violation, even if his or her job is not identical to another employee’s.
Additionally, the new law extends its protections to employees, job applicants or interns based not only on gender, but on the following protected categories:
Age, race, color, creed, national origin, sexual orientation, disability, gender identity, and other categories protected by the New York State Human Rights Law.
The Pay Equity Law allows employers to rely on a variety of factors to justify wage differences amongst employees, including:
- Differences in geographic location
- A seniority or merit system
- Other factors, such as education, training, or experience, provided that the employer can establish that the factor being used is job-related and consistent with the needs of the business.
- A system which measures earnings by quantity or quality of production.