Assembly Bill A10512

2023-2024 Legislative Session

Relates to recovery of alleged overpayment of wages

download bill text pdf

Sponsored By

Current 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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2023-A10512 (ACTIVE) - Details

See Senate Version of this Bill:
S9633
Current Committee:
Assembly Ways And Means
Law Section:
State Finance Law
Laws Affected:
Amd §200, St Fin L

2023-A10512 (ACTIVE) - Summary

Establishes a minimum threshold of five hundred dollars for recovery of overpayment of wages; provides an employee who is alleged to have been overpaid notice and an opportunity to respond to such allegation prior to the state seeking such recovery.

2023-A10512 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10512
 
                           I N  A S S E M B L Y
 
                               May 29, 2024
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   Pheffer Amato) -- read once and referred to the Committee on Ways  and
   Means
 
 AN  ACT  to  amend  the  state  finance  law, in relation to recovery of
   alleged overpayment of wages
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Paragraph (b) of subdivision 3 of section 200 of the state
 finance law, as amended by section 1 of part U chapter 62 of the laws of
 2003, is amended as follows:
   (b) Nothing contained in  paragraph  (a)  of  this  subdivision  shall
 prevent  the state from recovering, by offset or otherwise, any overpay-
 ment made PROVIDED SUCH OVERPAYMENT WAS MADE WITHIN THE PRECEDING  THREE
 HUNDRED  AND  SIXTY-FIVE  DAYS  (i)  for  a period when the employee was
 neither performing services for the state nor on approved leave or  (ii)
 under circumstances where the comptroller reasonably determines that the
 employee knew, or that a reasonable employee should have known, that the
 salary  paid  to  [him or her] SUCH EMPLOYEE was in excess of that which
 [he or she was] THEY WERE entitled to receive PROVIDED THAT  THE  AMOUNT
 IN  QUESTION EXCEEDS FIVE HUNDRED DOLLARS AND THAT THE AFFECTED EMPLOYEE
 IS PROVIDED THIRTY DAYS' NOTICE AND AN OPPORTUNITY TO  RESPOND  TO  SUCH
 FINDINGS  PRIOR  TO  SEEKING SUCH RECOVERY.   SUCH EMPLOYEE MAY ELECT TO
 HAVE SUCH RECOVERY LIMITED TO NO MORE THAN TEN PER CENTUM OF THE EMPLOY-
 EE'S BIWEEKLY PAYCHECK; PROVIDED, HOWEVER, THE  COMPTROLLER  SHALL  HAVE
 SOLE  AUTHORITY TO COLLECT ANY AMOUNTS DUE AT THE TIME AN EMPLOYEE SEPA-
 RATES FROM SERVICE.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15678-01-4

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