Provides that recovery of wages due to a clerical error by the employer or vendor of the employer is prohibited if such clerical error did not result in an overpayment or other inaccuracy in the amount of wages paid or the time in which wages were dispersed.
STATE OF NEW YORK
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6726--A
Cal. No. 169
2019-2020 Regular Sessions
IN SENATE
September 18, 2019
___________
Introduced by Sens. RAMOS, JACKSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- recom-
mitted to the Committee on Labor in accordance with Senate Rule 6,
sec. 8 -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the labor law, in relation to clarifying that deductions
not be made from employee accounts if such deductions do not consti-
tute overpayment or are dispersed at an improper time
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph c of subdivision 1 of section 193 of the labor
2 law, as added by chapter 451 of the laws of 2012, is amended to read as
3 follows:
4 c. are related to recovery of an overpayment of wages where such over-
5 payment is due to a mathematical or other clerical error by the employ-
6 er. In making such recoveries, the employer shall comply with regu-
7 lations promulgated by the commissioner for this purpose, which
8 regulations shall include, but not be limited to, provisions governing:
9 the size of overpayments that may be covered by this section; the
10 timing, frequency, duration, and method of such recovery; limitations on
11 the periodic amount of such recovery; a requirement that notice be
12 provided to the employee prior to the commencement of such recovery; a
13 requirement that the employer implement a procedure for disputing the
14 amount of such overpayment or seeking to delay commencement of such
15 recovery; the terms and content of such a procedure and a requirement
16 that notice of the procedure for disputing the overpayment or seeking to
17 delay commencement of such recovery be provided to the employee prior to
18 the commencement of such recovery. Recovery of wages due to a clerical
19 error by the employer or any vendor working on behalf of the employer is
20 prohibited if such clerical error did not result in an overpayment or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13788-02-0
S. 6726--A 2
1 other inaccuracy in the amount of wages paid or the time in which wages
2 were dispersed.
3 § 2. This act shall take effect immediately; provided, however, that
4 the amendments to paragraph c of subdivision 1 of section 193 of the
5 labor law made by section one of this act shall not affect the expira-
6 tion and repeal of such subdivision and shall be deemed to expire and
7 repeal therewith.
