New York Equal Pay Poster Required

Division of Labor Standards

Equal Pay Provision of the New York State Labor Law
Article 6, Section 194
§ 194. Differential in rate of pay because of protected class status prohibited.
1. No employee with status within one or more protected class or classes shall be paid a
wage at a rate less than the rate at which an employee without status within the same
protected class or classes in the same establishment is paid for: (a) equal work on a job
the performance of which requires equal skill, effort and responsibility, and which is
performed under similar working conditions, or (b) substantially similar work, when viewed
as a composite of skill, effort, and responsibility, and performed under similar working
conditions; except where payment is made pursuant to a differential based on:
(i) a seniority system;
(ii) a merit system;
(iii) a system which measures earnings by quantity or quality of production;
(iv) a bona fide factor other than status within one or more protected class or classes,
such as education, training, or experience. Such factor:
(A) shall not be based upon or derived from a differential in compensation based on
status within one or more protected class or classes and
(B) shall be job-related with respect to the position in question and shall be consistent
with business necessity. Such exception under this paragraph shall not apply when
the employee demonstrates
(1) that an employer uses a particular employment practice that causes a
disparate impact on the basis of status within one or more protected class or
classes,
(2) that an alternative employment practice exists that would serve the same
business purpose and not produce such differential, and
(3) that the employer has refused to adopt such alternative practice.
2.

For the purpose of subdivision one of this section:
(a) "business necessity" shall be defined as a factor that bears a manifest relationship to
the employment in question, and
(b) "protected class" shall include age, race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, sex, disability, predisposing genetic
characteristics, familial status, marital status, or domestic violence victim status, and any
employee protected from discrimination pursuant to paragraphs (a), (b), and (c) of subdivision
one of section two hundred ninety-six and any intern protected from discrimination pursuant to
section two hundred ninety-six-c of the executive law.
3. For the purposes of subdivision one of this section, employees shall be deemed to work
in the same establishment if the employees 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/or the presence of municipalities.
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4. (a) No employer shall prohibit an employee from inquiring about, discussing, or disclosing
the wages of such employee or another employee.
(b) An employer may, in a written policy provided to all employees, establish reasonable
workplace and workday limitations on the time, place and manner for inquires about,
discussion of, or the disclosure of wages. Such limitations shall be consistent with standards
promulgated by the commissioner and shall be consistent with all other state and federal laws.
Such limitations may include prohibiting an employee from discussing or disclosing the wages
of another employee without such employee's prior permission.
(c) Nothing in this subdivision shall require an employee to disclose his or her wages.
The failure of an employee to adhere to such reasonable limitations in such written policy shall
be an affirmative defense to any claims made against an employer under this subdivision,
provided that any adverse employment action taken by the employer was for failure to adhere
to such reasonable limitations and not for mere inquiry, discussion or disclosure of wages in
accordance with such reasonable limitations in such written policy.
(d) This prohibition shall not apply to instances in which an employee who has access to
the wage information of other employees as a part of such employee's essential job functions
discloses the wages of such other employees to individuals who do not otherwise have access
to such information, unless such disclosure is in response to a complaint or charge, or in
furtherance of an investigation, proceeding, hearing, or action under this chapter, including an
investigation conducted by the employer.
(e) Nothing in this section shall be construed to limit the rights of an employee provided
under any other provision of law or collective bargaining agreement.
For questions, write or call your nearest office, (listed below), of the:
New York State Department of Labor
Division of Labor Standards
Albany District
State Office Campus
Bldg. 12, Rm. 185A
Albany, NY 12226
(518) 457-2730

Garden City District
400 Oak Street
Suite 102
Garden City, NY 11530
(516) 794-8195

Syracuse District
333 East Washington St.
Room 121
Syracuse, NY 13202
(315) 428-4057

Bronx District
55 Hanson Place
11th Floor
Brooklyn, NY 11217
(212) 775-3719

New York City District
55 Hanson Place
11th Floor
Brooklyn, NY 11217
(212) 775-3880

White Plains District
120 Bloomingdale Road
White Plains, NY 10605
(914) 997-9521

Buffalo District
295 Main Street
Suite 914
Buffalo, NY 14203
(716) 847-7141

Rochester District
276 Waring Road
Room 104
Rochester, NY 14609
(585) 258-4550

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