S 5248 - Prohibits Class-Based Wage Differentials - New York Key Vote

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Title: Prohibits Class-Based Wage Differentials

Vote Smart's Synopsis:

Vote to pass a bill that prohibits class-based wage differentials.



  • Prohibits any employee with status within one or more protected class or classes from being paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes in the same establishment is paid for either of the following (Sec. 1):

    • Equal work on a job, the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions; or 

    • Substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where payment is due to a difference based on:

      • A seniority system;

      • A merit system;

      • A system which measures earnings by quantity or quality of production; and

      • A bona fide factor other than status within one or more protected class or classes, such as education, training, or experience.

  • Requires any employer who failed to pay the wages of his employees or differentiates rates in pay because of a protected class status must pay $500 for each such failure (Sec. 1).

  • Defines “protected class”  to include 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 any employee protected from discrimination (Sec. 1).

Title: Prohibits Class-Based Wage Differentials