senate Bill S2837

2011-2012 Legislative Session

Authorizes employers to make deductions from an employee's wages if such deduction is authorized by the employee and is for the convenience of the employee

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1073
Jan 04, 2012 referred to labor
Jun 24, 2011 committed to rules
Jun 23, 2011 restored to third reading
substitution reconsidered
Jun 21, 2011 substituted by a5448
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.820
Feb 02, 2011 referred to labor

Votes

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Jun 5, 2012 - Labor committee Vote

S2837
12
3
committee
12
Aye
3
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Jun 5, 2012

excused (1)

May 24, 2011 - Labor committee Vote

S2837
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Co-Sponsors

S2837 - Bill Details

See Assembly Version of this Bill:
A5448
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd ยง193, Lab L

S2837 - Bill Texts

view summary

Authorizes employers to make deductions from an employee's wages if such deduction is authorized by the employee and is for the convenience of the employee.

view sponsor memo
BILL NUMBER:S2837

TITLE OF BILL:
An act
to amend the labor law, in relation to authorized deductions from wages

PURPOSE OR GENERAL IDEA OF BILL:
This legislation authorizes employers to make deductions from an
employee's wages if such deduction is authorized by the employee and
is for the convenience of the employee.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends paragraph b of subdivision 1 of section 193 of the
Labor law to permit deductions from wages when they are expressly
authorized by the employee and are for the benefit or convenience of
the employee. The authorization cannot be procured by duress or undue
influence.

Section 2 states the enactment date.

JUSTIFICATION:
Payroll deductions for the benefit of the employee are currently
limited to pension or health and welfare benefits, contributions to
charitable organizations, payments for U.S. Bonds, or labor union
dues or assessments. Payroll deductions are not permitted for
services provided by employers for the employee's convenience such as
meals in employer dining facilities, uniforms, or prescription drug
co-pays at employer operated pharmacies.

This is disadvantageous to both employers and employees. These
services are frequently being provided at minimal cost to the
employee and for the employee's benefit. Because the employer cannot
deduct the fee for these services, they must incur additional
expenses for credit card machines, or employees to operate cash
registers. These additional cost prevent small businesses from
offering valuable services to their employees.

This legislation would allow employers to deduct such services from
the employee's paycheck when the service is for the convenience of
the employee, the employee has authorized the transaction in writing,
and the transaction was not due to fraud, undue influence or duress.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
The fiscal implications are to be determined.

EFFECTIVE DATE:
180th day after becoming law.

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

                                  2837

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 authorized deductions from
  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 1 of section 193 of the labor
law, as added by chapter 548 of the laws of 1966, is amended to read  as
follows:
  b. are expressly authorized in writing by the employee and are for the
benefit OR CONVENIENCE of the employee; provided that such authorization
is  kept  on file on the employer's premises. Such authorized deductions
[shall be limited to]  MAY  INCLUDE  payments  for  insurance  premiums,
pension  or  health  and  welfare  benefits, contributions to charitable
organizations, payments for United States bonds, payments  for  dues  or
assessments  to a labor organization, and similar payments for the bene-
fit OR CONVENIENCE of the employee.  NO DEDUCTION FROM THE WAGES  OF  AN
EMPLOYEE  SHALL  BE MADE PURSUANT TO THIS PARAGRAPH, UNLESS THE AUTHORI-
ZATION THEREFOR IS MADE KNOWINGLY AND VOLUNTARILY BY THE EMPLOYEE, WITH-
OUT ANY UNDUE INFLUENCE OR DURESS BY THE EMPLOYER.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00452-01-1

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