Senate Bill S9633

2023-2024 Legislative Session

Relates to recovery of alleged overpayment of wages

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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-S9633 (ACTIVE) - Details

See Assembly Version of this Bill:
A10512
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §200, St Fin L

2023-S9633 (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-S9633 (ACTIVE) - Sponsor Memo

2023-S9633 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9633
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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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