Issue link: https://viewer.e-digitaledition.com/i/660349
IN WHAT APPE ARS to be a trend at the federa l, state a nd loca l levels, New York is pushing for wa rd w it h laws relating to pay equa lit y a nd pa id fa mi ly leave. In pa r ticula r, the state government has put for th two initiatives — the Achieve Pay Equity bill a nd statewide pa id fa mily leave. Achieve Pay Equity Bill: Gov. Cuomo sig ned this bill, which seeks to ensure pay equity in the workplace, into law on Oct. 21, 2015. It cha nges a nd tightens the pre-existing law to prohibit dif ferences in pay ba sed upon sex unless based upon "a bona f ide reason other t ha n sex." The law a lso sets for t h requirements for substa ntiating the employer's defense of "a bona f ide reason other than sex," restricts employers from prohib- iting employees from discussing or inquiring about the wages of co-workers, and increases liquidated damages for willful violations from 100 percent to 300 percent. The law rema ins untested, but pla intiffs a re expected to add a sser ted v iolations of t his law to ot her lega l cla ims for discrimination. Pa id Fa mily Leave: Awa iting pa ssa ge is a bi l l to require paid family leave. The New York State Assembly has passed this bill a nd Gov. Cuomo (suppor ted by Vice President Biden) has cha mpioned the concept, but the bi l l's f ut ure i n t he New York State Senate rema i ns uncer ta in. W hat is not in doubt, however, is that there is a nationa l trend towa rd requir ing pr ivate sector pa id fa mily leave. Ca lifornia , New Jersey, a nd R hode Isla nd have enacted some form of pa id fa mi ly leave. On Aug. 5, 2015, it was widely repor ted that the W hite House dra f ted a proposed executive order requiring federa l contractors to provide paid sick leave for their employees. Many municipalities have passed some form of mandatory paid sick leave, including, but not limited to, San Francisco, the District of Columbia, Connecticut, Seattle, Portland, New York City, Jersey City and Newark. The proposed family leave bill in New York essentially tracks the federa l Fa mily a nd Medica l Leave Act of 1993 (FML A). FML A provides unpaid leave for up to 12 weeks for the following reasons: birth, adoption, or foster care; serious hea lth condition of the employee or close family members; qualifying exigency leave related to the military service of a family member; and leave to care for a seriously injured military service family member. The New York bi l l essentia l ly prov ides t he sa me benefits, except that it a lso provides paid leave of up to two-thirds of the employee's salary for the 12 weeks — up to a ma ximum of $633 when fully phased in, as there will be a period of adjustment under the proposed law. A lthough strong opposition from business g roups is expected, the proposed law is not funded directly by employers but through a payroll deduction of $0.45 per week in the first year. Employers must be prepa red for these cha nges a nd continue to reeva luate t heir workplace so a s to not run a foul of the Achieve Pay Equit y bill a nd leave law obligations. We recommend spea king w it h employ- ment counsel to ma inta in complia nce a nd minimize litigation risk. G re g R e i l l y a n d A d a m G u t t e l l a re P a r t n e r s i n Ma r t i n C l e a r w a t e r & B e l l L L P 's E m p l o y m e n t & L a b o r P r a c t i c e G r o u p . F o r m o r e i n f o r m a t i o n , c o n t a c t t h e m a t g r e g o r y . r e i l l y @ m c b l a w . c o m or adam .guttell@mcblaw.com . ■ 1 2 L E G A L E A S E Be Thoughtful About Issues of Equality and Leave Affecting Your Employees BY GREG REILLY AND ADAM GUTTELL Greg Reilly Adam Guttell 1 2