senate Bill S6726

2019-2020 Legislative Session

Relates to the overpayment of wages

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Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2020 referred to labor
delivered to assembly
passed senate
Jan 22, 2020 amended on third reading 6726a
Jan 21, 2020 advanced to third reading
Jan 15, 2020 2nd report cal.
Jan 14, 2020 1st report cal.169
Jan 08, 2020 referred to labor
Sep 18, 2019 referred to rules

Co-Sponsors

S6726 - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §193, Lab L

S6726 - 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.

S6726 - Sponsor Memo

S6726 - Bill Text download pdf


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

                                  6726

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                           September 18, 2019
                               ___________

Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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 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.
  §  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.

Co-Sponsors

S6726A (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §193, Lab L

S6726A (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.

S6726A (ACTIVE) - Sponsor Memo

S6726A (ACTIVE) - Bill Text download pdf

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

                                 6726--A
    Cal. No. 169

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                           September 18, 2019
                               ___________

Introduced  by  Sens.  RAMOS, JACKSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13788-02-0

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