Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New York Enacts New Equal Pay Protections

Author: Scarinci Hollenbeck, LLC

Date: January 6, 2016

Key Contacts

Back

New Equal Pay Protection Laws for Female Workers in New York Will Take Effect in a Few Days

This fall, New York Governor Andrew Cuomo signed a series of bills into law that will dramatically increase the equal pay and gender discrimination protections for female workers in the state. For New York employers, it is important to be aware that many of the changes under these laws become effective in the New Year. Further, it should be clear that Employers would be well advised to engage in a careful analysis of its equal pay practices and other policies to insure that all new requirements are addressed.

New York Adopts New Equal Pay Protections

New York Labor Law (NYLL) § 194 will undergo the most substantive changes under the package of equal pay bills. The statute previously allowed employee pay differentials based on “any other factor other than sex.” Under the amendment, differentials may be based upon “a bona fide factor other than sex, such as education, training, or experience.” Employers must be prepared to affirmatively demonstrate that any such differential is job related and “consistent with business necessity.”

In addition, employers will not be able to rely on the “factor other than sex” defense if the employee can prove that:

Changes to the NYLL also address confidentiality provisions governing wages. Under the revised New York employment law, no employer may prohibit “an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee.” However, businesses may place reasonable “limitations on the time, place and manner for inquiries about, discussion of, or the disclosure of wages.”

The equal pay revisions also make clear that equal pay analysis must include work in different locations by expanding the definition of “same establishment” to include “workplaces located in the same geographical region, no larger than a county.” Lastly, the amendments increase the cost of willfully violating the equal pay law by increasing liquidated damages liability to 300 percent of the total amount of wages owed.

Below is a brief review of several other key legal changes signed into law:

  • Sexual Harassment One of the new laws expands the definition of “employer” to cover all employers within New York in sexual harassment cases. Previously, the definition of “employer” excluded businesses with fewer than four employees, thereby prohibiting individuals from filing harassment complaints with the Division of Human Rights against those employers.
  • Pregnancy Discrimination Under amendments the Human Rights Law, New York employers with four or more employees would be required to provide reasonable accommodations for pregnant employees. The new law clarifies that employers must perform a reasonable accommodation analysis for employees with a “medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques.”
  • Family Status Further amendments to the HRL add familial status as a protected characteristic. Accordingly, the law now prohibits employment agencies, licensing agencies, or labor organizations from discriminating against workers based on their familial status.
  • Attorneys Fees Finally, another bill signed into law allows successful plaintiffs to recover attorneys’ fees in employment or credit discrimination cases based on sex.

The new laws become effective on January 19, 2016. Accordingly, New York employers should review their policies and procedures to verify that they are in compliance and make any necessary changes as soon as possible.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Corporate Transactions: Best Practices for Successful Deals post image

Corporate Transactions: Best Practices for Successful Deals

Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]

Author: Dan Brecher

Link to post with title - "Corporate Transactions: Best Practices for Successful Deals"
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!