The New York Equal Pay Law prohibits sex discrimination in compensation for jobs in the same establishment that require equal skill, effort, and responsibility, and that are performed under similar working conditions. The Law applies to all employers, regardless of size (NY Labor Law Sec. 194 et seq.).
Amended law. Effective October 8, 2019, amendments to the law expand its coverage by prohibiting pay differences based on membership in any class protected from employment discrimination under the New York Human Rights Law (NYHRL). Under the amended law, an employer may not pay an employee who is a member of a protected class at a wage rate less than the rate paid to an employee who is not a member of a protected class, in the same establishment, for:
• Equal work that requires equal skill, effort, and responsibility that is performed under similar working conditions; or
• Substantially similar work when viewed as a composite of skill, effort, and responsibility that is performed under similar working conditions.
Employees are considered to work at the “same establishment” if they work for the same employer at workplaces located in the same geographical region, no larger than a county, taking into account population distribution, economic activity, and the presence of municipalities.
A “protected class” includes age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, and any other class protected from employment discrimination under the NYHRL. The term also includes an intern protected under the NYHRL.