Establishes a minimum threshold of five hundred dollars for recovery of overpayment of wages; provides an employee who is alleged to have been overpaid notice and an opportunity to respond to such allegation prior to the state seeking such recovery.
STATE OF NEW YORK
________________________________________________________________________
3289
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the state finance law, in relation to recovery of
alleged overpayment of wages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 3 of section 200 of the state
2 finance law, as amended by section 1 of part U chapter 62 of the laws of
3 2003, is amended as follows:
4 (b) Nothing contained in paragraph (a) of this subdivision shall
5 prevent the state from recovering, by offset or otherwise, any overpay-
6 ment made provided such overpayment was made within the preceding three
7 hundred and sixty-five days (i) for a period when the employee was
8 neither performing services for the state nor on approved leave or (ii)
9 under circumstances where the comptroller reasonably determines that the
10 employee knew, or that a reasonable employee should have known, that the
11 salary paid to [him or her] such employee was in excess of that which
12 [he or she was] they were entitled to receive provided that the amount
13 in question exceeds five hundred dollars and that the affected employee
14 is provided thirty days' notice and an opportunity to respond to such
15 findings prior to seeking such recovery. Such employee may elect to
16 have such recovery limited to no more than ten per centum of the employ-
17 ee's biweekly paycheck; provided, however, the comptroller shall have
18 sole authority to collect any amounts due at the time an employee sepa-
19 rates from service.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02928-01-5
