Equal Pay Act - New York

Summary of differences between federal and state regulations

Employer defined

“Employer” includes any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service. The term does not include a governmental agency.

Unlawful employment practices

The New York Labor law includes provisions similar to, though not as extensive as, the federal Equal Pay Act. The relevant law simply states:

No employee shall be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions, except where payment is made pursuant to a differential based on:

• a seniority system;
• a merit system;
• a system which measures earnings by quantity or quality of production; or
• any other factor other than sex.

State

Contact

Department of Labor

Regulations

New York State Consolidated Laws, Chapter 31, Article 6, Section 194 - Differential in rate of pay because of sex prohibited

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1620, The Equal Pay Act

29 CFR 1621, Procedures — The Equal Pay Act