Senate Bill S4540

2023-2024 Legislative Session

Relates to the 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-S4540 (ACTIVE) - Details

See Assembly Version of this Bill:
A9459
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §193, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6726
2021-2022: S1025

2023-S4540 (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.

2023-S4540 (ACTIVE) - Sponsor Memo

2023-S4540 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4540
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 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.

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