Following the trend set by the Pay Transparency Executive Order 13665 and Governor Jerry Brown’s signing of the California Fair Pay Act, this week New York Governor Andrew M. Cuomo (D) signed a series of bills aimed at significantly strengthening fair pay, “pay transparency” and other legal protections available in the workplace.

The five new bills impact New York employers in the following ways:

  •  Fair Pay and “Pay Transparency”:  S. 1 / A. 6075 adds a number of protections for employees in New York, including: (1) prohibiting employers from discriminating against an employee who inquires about, discusses or discloses his/her wages or the wages of another employee; (2) narrowing the exceptions available to employers under N.Y. Labor Law 194, the state law that prohibits differentials in rate of pay due to sex; and (3) increasing the amount of damages available to an employee for a willful violation of N.Y. Labor Law 194.

 

  • Sexual Harassment:  S. 2 / A. 5360 eliminates entirely the current 4 employee coverage threshold for employers under the New York State Human Rights Law (“NYSHRL”), but only as it relates to sexual harassment protections.  According to the bill, more than 60% of New York employers have less than 4 employees, and these employers will now be covered.

 

  • Collection of Attorney’s Fees By Successful Plaintiffs:  S. 3 / A.7189 allows plaintiffs to recover attorneys’ fees where an employer is found liable for committing an unlawful discriminatory practice in employment or credit discrimination cases involving sex under the NYSHRL.

 

  • Familial Status Discrimination: S. 4 / A. 7317 prohibits employment discrimination based on familial status under the NYSHRL.

 

  • Accommodations for Pregnancy-Related Conditions: S. 8/A. 4272 requires/clarifies that employers must provide reasonable accommodations for pregnancy-related conditions, unless doing so would cause an undue hardship to the employer.

 

These bills become effective 90 days after enactment and will have a substantial impact on employers throughout New York.  This likely will not be the last state we see following this growing trend.  Stay tuned for the latest updates and further insights on the implementation and implications of these new bills.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.