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New York

Regulatory Strength: ‏‏ Strong‏
Effective as of January 6th, 2020

Protected groups:

  • Gender, Race, and Ethnicity
    • Refer to the law for a complete list of the 14 protected groups

Applicable to:

  • Private and public companies*
  • May cover state and local government employees*

HR practices:

  • Employer cannot retaliate against employees who:
    • File a complaint or testify regarding pay discrimination
    • Discuss salaries with coworkers
  • Employer cannot ask for salary history while hiring employees
  • Pay Analysis Groups are defined differently than the Federal “Similarly Situated” standard

Defenses/Rebuttals:

  • Law narrows the reasons employers can use to justify pay differences (e.g., education must be job-related)

Remedies:

  • Back pay:
    • Up to four (4) times the amount of back pay awarded
    • May include interest
    • Up to six (6) years of back pay may be awarded
  • Employer is liable for plaintiff attorney fees
  • Every paycheck may be considered a separate violation
  • Violations may incur a fine

Please click HERE for access to LAB § 194, Differential in Rate of Pay Because of Sex Prohibited.
*see law for specific inclusions/exclusions

Last revised 08/23/2019

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