Effective October 8, 2019, New York Labor Law § 194 prohibits employers from paying employees who are a member of a protected class less than employees outside of that protected class to perform the same or substantially similar work.

Generally, this means New York employers must pay employees equally if they perform similar work. Employers still are permitted to pay employees differently, however, as long as the different pay is based on seniority, merit, “quantity or quality of production,” or another bona fide factor other than status within a protected class, such as education, training, or experience.

Employers should be mindful of this new standard and should regularly revisit employee compensation to ensure compliance. If you have questions about how to comply, the attorneys at The Coppola Firm would be glad to assist you.

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