 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4540
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 9, 2023
                                       ___________
 
        Introduced  by  Sens.  RAMOS, JACKSON -- 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.
    23    §  2.  This act shall take effect immediately; provided, however, that
    24  the amendments to paragraph c of subdivision 1 of  section  193  of  the
    25  labor  law  made by section one of this act shall not affect the expira-
    26  tion and repeal of such subdivision and shall be deemed  to  expire  and
    27  repeal therewith.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04631-01-3
Relates to the overpayment of wages

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