STATE OF NEW YORK ________________________________________________________________________ 1025 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor 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 21 other inaccuracy in the amount of wages paid or the time in which wages 22 were dispersed. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04925-01-1

S. 1025 2 1 § 2. This act shall take effect immediately; provided, however, that 2 the amendments to paragraph c of subdivision 1 of section 193 of the 3 labor law made by section one of this act shall not affect the expira- 4 tion and repeal of such subdivision and shall be deemed to expire and 5 repeal therewith.

Relates to the overpayment of wages

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