Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Mar 29, 2022 | referred to labor delivered to assembly passed senate |
Mar 02, 2022 | advanced to third reading |
Mar 01, 2022 | 2nd report cal. |
Feb 28, 2022 | 1st report cal.554 |
Jan 05, 2022 | referred to labor |
Jan 06, 2021 | referred to labor |
senate Bill S1025
Sponsored By
Jessica Ramos
(D, WF) 13th Senate District
Archive: Last 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
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Co-Sponsors
Robert Jackson
(D, WF) 31st Senate District
S1025 (ACTIVE) - Details
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §193, Lab L
- Versions Introduced in 2019-2020 Legislative Session:
-
S6726
S1025 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1025 SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to clarifying that deductions not be made from employee accounts if such deductions do not constitute overpayment or are dispersed at an improper time PURPOSE: Clarifying that deductions from wages are not authorized even if the result of a clerical error or other mistake by the employer if the wages were rightfully owed. SUMMARY OF PROVISIONS: Subdivision c of § 193 of the Labor law § 42-a. is amended to establish that 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
S1025 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1025 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sen. RAMOS -- 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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