Senate Bill S6726A

2019-2020 Legislative Session

Relates to the overpayment of wages

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-S6726 - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §193, Lab L
Versions Introduced in Other Legislative Sessions:
2021-2022: S1025
2023-2024: S4540

2019-S6726 - Summary

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.

2019-S6726 - Sponsor Memo

2019-S6726 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6726
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            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:
 
   Section 1. Paragraph c of subdivision 1 of section 193  of  the  labor
 law,  as added by chapter 451 of the laws of 2012, is amended to read as
 follows:
   c. are related to recovery of an overpayment of wages where such over-
 payment is due to a mathematical or other clerical error by the  employ-
 er.  In  making  such  recoveries,  the employer shall comply with regu-
 lations  promulgated  by  the  commissioner  for  this  purpose,   which
 regulations  shall include, but not be limited to, provisions governing:
 the size of overpayments that  may  be  covered  by  this  section;  the
 timing, frequency, duration, and method of such recovery; limitations on
 the  periodic  amount  of  such  recovery;  a requirement that notice be
 provided to the employee prior to the commencement of such  recovery;  a
 requirement  that  the  employer implement a procedure for disputing the
 amount of such overpayment or seeking  to  delay  commencement  of  such
 recovery;  the  terms  and content of such a procedure and a requirement
 that notice of the procedure for disputing the overpayment or seeking to
 delay commencement of such recovery be provided to the employee prior to
 the commencement of such recovery. 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.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph c of subdivision 1 of  section  193  of  the
 labor  law  made by section one of this act shall not affect the expira-
 tion and repeal of such subdivision and shall be deemed  to  expire  and
 repeal therewith.

co-Sponsors

2019-S6726A (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §193, Lab L
Versions Introduced in Other Legislative Sessions:
2021-2022: S1025
2023-2024: S4540

2019-S6726A (ACTIVE) - Summary

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.

2019-S6726A (ACTIVE) - Sponsor Memo

2019-S6726A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6726--A
     Cal. No. 169
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            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:
 
   Section  1.  Paragraph  c of subdivision 1 of section 193 of the labor
 law, as added by chapter 451 of the laws of 2012, is amended to read  as
 follows:
   c. are related to recovery of an overpayment of wages where such over-
 payment  is due to a mathematical or other clerical error by the employ-
 er. In making such recoveries, the  employer  shall  comply  with  regu-
 lations   promulgated  by  the  commissioner  for  this  purpose,  which
 regulations shall include, but not be limited to, provisions  governing:
 the  size  of  overpayments  that  may  be  covered by this section; the
 timing, frequency, duration, and method of such recovery; limitations on
 the periodic amount of such  recovery;  a  requirement  that  notice  be
 provided  to  the employee prior to the commencement of such recovery; a
 requirement that the employer implement a procedure  for  disputing  the
 amount  of  such  overpayment  or  seeking to delay commencement of such
 recovery; the terms and content of such a procedure  and  a  requirement
 that notice of the procedure for disputing the overpayment or seeking to
 delay commencement of such recovery be provided to the employee prior to
 the  commencement  of such recovery. RECOVERY OF WAGES DUE TO A CLERICAL
 ERROR BY THE EMPLOYER OR ANY VENDOR WORKING ON BEHALF OF THE EMPLOYER IS
 PROHIBITED IF SUCH CLERICAL ERROR DID NOT RESULT IN  AN  OVERPAYMENT  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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