STATE OF NEW YORK ________________________________________________________________________

6726

2019-2020 Regular Sessions

IN SENATE

September 18, 2019 ___________

Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

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 vendor of the employer is prohibited if such 20 clerical error did not result in an overpayment or other inaccuracy in 21 the amount of wages paid or the time in which wages were dispersed. 22 § 2. This act shall take effect immediately; provided, however, that 23 the amendments to paragraph c of subdivision 1 of section 193 of the 24 labor law made by section one of this act shall not affect the expira- 25 tion and repeal of such subdivision and shall be deemed to expire and 26 repeal therewith.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13788-01-9