Assembly Bill A10785

Signed By Governor
2011-2012 Legislative Session

Relates to permitted deductions from wages

download bill text pdf

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Archive: Last Bill Status - Signed by Governor


  • 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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2011-A10785 (ACTIVE) - Details

See Senate Version of this Bill:
S7790
Law Section:
Labor Law
Laws Affected:
Amd §193, Lab L

2011-A10785 (ACTIVE) - Summary

Relates to permitted deductions from wages.

2011-A10785 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10785

                          I N  A S S E M B L Y

                              June 18, 2012
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Morelle) --
  (at request of the Governor) -- read once and referred to the  Commit-
  tee on Labor

AN  ACT to amend the labor law, in relation to permitted deductions from
  wages; and providing for the repeal of such provisions upon expiration
  thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 193 of the labor law, as added by
chapter 548 of the laws of 1966, is amended to read as follows:
  1. No employer shall make any deduction from the wages of an employee,
except deductions which:
  a. are made in accordance with the provisions of any law or  any  rule
or  regulation  issued  by any governmental agency INCLUDING REGULATIONS
PROMULGATED UNDER PARAGRAPH C AND PARAGRAPH D OF THIS SUBDIVISION; or
  b. are expressly authorized in writing by the employee and are for the
benefit of the employee[;], provided that such authorization  is  VOLUN-
TARY  AND ONLY GIVEN FOLLOWING RECEIPT BY THE EMPLOYEE OF WRITTEN NOTICE
OF ALL TERMS AND CONDITIONS OF THE PAYMENT AND/OR ITS BENEFITS  AND  THE
DETAILS  OF THE MANNER IN WHICH DEDUCTIONS WILL BE MADE.  WHENEVER THERE
IS A SUBSTANTIAL CHANGE IN THE  TERMS  OR  CONDITIONS  OF  THE  PAYMENT,
INCLUDING BUT NOT LIMITED TO, ANY CHANGE IN THE AMOUNT OF THE DEDUCTION,
OR  A SUBSTANTIAL CHANGE IN THE BENEFITS OF THE DEDUCTION OR THE DETAILS
IN THE MANNER IN WHICH DEDUCTIONS SHALL BE MADE, THE EMPLOYER SHALL,  AS
SOON  AS PRACTICABLE, BUT IN EACH CASE BEFORE ANY INCREASED DEDUCTION IS
MADE ON THE EMPLOYEE'S BEHALF, NOTIFY THE EMPLOYEE PRIOR TO  THE  IMPLE-
MENTATION  OF  THE CHANGE.   SUCH AUTHORIZATION SHALL BE kept on file on
the employer's premises FOR THE PERIOD  DURING  WHICH  THE  EMPLOYEE  IS
EMPLOYED  BY  THE EMPLOYER AND FOR SIX YEARS AFTER SUCH EMPLOYMENT ENDS.
NOTWITHSTANDING THE FOREGOING,  EMPLOYEE  AUTHORIZATION  FOR  DEDUCTIONS
UNDER  THIS SECTION MAY ALSO BE PROVIDED TO THE EMPLOYER PURSUANT TO THE
TERMS OF A COLLECTIVE BARGAINING AGREEMENT. Such  authorized  deductions
shall be limited to payments for:
  (I) insurance premiums[,] AND PREPAID LEGAL PLANS;

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

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