N.Y. Civil Service Law § 118: Powers and duties of the director of classification and compensation

§ 118. Powers and duties of the director of classification and

compensation. 1. General powers and duties. (a) The director of the

classification and compensation division shall be charged generally with

the duty and shall have the power

(1) to classify and reclassify all positions in the classified civil

service of the state;

(2) to allocate and reallocate to an appropriate salary grade

specified in section one hundred thirty of this article all positions in

the competitive and non-competitive classes of the classified civil

service of the state, except temporary, part-time or seasonal positions,

and positions the salaries of which are otherwise specifically set forth

in a statute.

(b) The director may allocate and reallocate to an appropriate salary

grade specified in section one hundred thirty of this article,

part-time, temporary and seasonal positions and positions in the labor

class.

(c) The principle of fair and equal pay for similar work or

substantially similar work, when viewed as a composite of skill, effort,

and responsibility, and performed under similar working conditions, and

without discrimination based on status within a protected class, shall

be followed in the classification and reclassification and the

allocation and reallocation of positions pursuant to this article and

all positions having the same title shall be allocated to the same

salary grade. For the purposes of this section, the term "protected

class" includes 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 of the executive law,

and any intern protected from discrimination pursuant to section two

hundred ninety-six-c of the executive law.

2. Specific powers and duties. In addition to those elsewhere

prescribed, the director shall have the following powers and duties:

(a) To ascertain and record the duties and responsibilities of all

positions in the classified civil service of the state, establish

adequate specifications showing the qualifications for and the nature

and extent and scope of the duties and responsibilities of such

positions, and assign uniform titles to positions that are so

substantially similar in the essential character and scope of their

duties and responsibilities and in the qualification requirements

thereof that the same descriptive title may be used to designate them;

that the same qualifications for appointment thereto may be reasonably

required; that the same tests of fitness may be established, and that

the same rate of compensation may be reasonably applied.

(b) To investigate all matters affecting the classification and

compensation of positions, to hear and determine all complaints and

grievances with respect to the classification and compensation of

positions, and from time to time review the duties, responsibilities,

qualification requirements and compensation of positions and to make

such revisions in the classification or compensation of positions as

changes in the state service may require.

(c) To ensure that 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 title and same establishment is paid for similar

work or substantially similar work. For the purposes of this paragraph,

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.

3. Departmental cooperation. The director, and the state civil service

commission may request from any state department or agency such

assistance as either may require, and each such department or agency

shall make available, upon such request, any of its personnel and

facilities.