Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Labor & Employment Law
: New York Public Personnel LawEqual pay for equal work
Bertoldi v State of New York, 275 AD2d 227; Motion to appeal denied, 96 NY2d 706; Motion to appeal on constitutional grounds denied, 95 NY2d 958
Section 115 of the Civil Service Law provides that State employees are entitled to equal pay for equal work, and regular increases in pay in proper proportion to increase of ability, increase of output and increase of equality of work demonstrated in service.
While Section 115 applies only to employees of the State of New York, in Evans v Newman, 71 AD2d 240, the Appellate Division ruled that nonjudicial court employees were to be treated consistent with the provisions of Civil Service Law Article 8, Classification and Compensation of State Employees.
The Appellate Division, First Department?s interpretation of Section 115 proved critical in resolving Bertoldi?s claim that certain trial court clerks were entitled to back salary because their positions had been improperly allocated to a lower salary grade.
The New York State Court Clerks Association and other clerks employed by the State?s Unified Court System complained that appellate court level clerk positions had been allocated to higher salary grades than trial court clerk positions. The Classification Review Board found that trial clerks and appellate clerks were essentially performing the same type of work with equivalent difficulty, and that they were therefore entitled to equal pay.
The trial clerks then sued to recover the salary differential for the approximately 14 years the appellate clerks received a higher salary. The Appellate Division rejected the trial clerks? theory that Section 115 mandated that they be awarded such retroactive pay. The court said that:
1. The principle of equal pay for equal work need not be applied in all cases under any and all circumstances; and
2. Section 115 enunciates a policy and confers no jurisdiction on a court to enforce such policy.
The court characterized the discrepancy in pay as due to oversight or error and therefore insufficient to establish that [the trial clerks] were not provided equal pay for equal work.
Also rejected was the trial clerks? contention that they were denied equal protection under the New York State and United States Constitutions as a result of the allocation of the two titles to different salary grades.
The court?s rationale: the decision not to award the trial clerk?s the pay differential had a rational relationship to a legitimate state interest in view of the high costs involved and the limited ability of the court system to absorb such costs within its existing budget.
Full post as published by New York Public Personnel Law on January 06, 2011 (boomark / email).
Work Visas
Types of work permits
Temporary Work Visas
Differences Between H-1B, J-1, E-1, E-2, L-1, and R-1 Work Visas
H-1B Work Visa
H-1B Visa Assistance
Arkansas Nucor Plant Guilty of a Racially Hostile Work Environment
Nucor Guilty Of Racially Hostile Work Environment Must Pay $1.2 Million Settlement
Railroad Workers
concerning the growing number of work-related injuries in the railroad industry.
Unsafe Work Site
Employee awarded $2.5 million personal injury settlement after suffering burns to his lower body.

On the Anniversary of Equal Pay Act
Women Deserve Equal Pay For Equal Work
Barriers to Justice: Examining Equal Pay for Equal Work
Pregnancy, Work, and the Promise of Equal Citizenship
This Equal Pay Day, Its Time to Get Even!
When A Woman Is Not Paid Fairly, Her Entire Family Suffers








