2023 New York Laws › CVS - Civil Service › Article 8 - Classification and Compensation of State Employees › Title A - Classification and Allocation of Positions › 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.