The state of New York has followed the lead of California in enacting amendments to its equal pay law that go beyond the requirements of the federal Equal Pay Act, which the old state law mirrored. Under the revised New York law, it arguably will be easier for covered claimants to establish pay discrimination claims. The amended law is scheduled to go into effect on January 19, 2016. According to the bill’s Statement of Support, the amended law is intended to narrow the gender wage gap.

Among other things, Sections 194 and 198 of New York’s labor law have been amended to:

  • Expand the scope of coverage from the current “same establishment” limitation to include workplaces in the same geographical region;
  • Revise the “any other factor other than sex” affirmative defense to a more stringent “bona fide factor” affirmative defense;
  • Allow claimants to bring Title VII-styled disparate impact claims;
  • Add pay secrecy language and an affirmative defense for employers for claims arising under this provision; and
  • Increase the amount of liquidated damages from double back pay to 300% for willful violations.

    • The text of the amended law is available here.