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New York broadens payroll deductions, adds employer requirements

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in Employment Law,Human Resources

by Andrew D. Bobrek, Esq., Bond, Schoeneck & King, Syracuse

Back in June, the New York Sen­ate and State Assembly passed an amendment to New York’s wage deduction statute, New York Labor Law Section 193.  

The amendment—effective Nov. 6, 2012—permits New York ­employers to make a wider range of payroll deductions than in the past, but also imposes several new deduction-related requirements.

For the benefit of employee?

The New York State Department of Labor (NYSDOL) in recent years has significantly narrowed its interpretation of Section 193. The NYSDOL has taken the position that a wage deduction is not permissible unless it is very “similar” to those expressly recognized in the statute as lawful—for example, deductions for health and retirement benefits, charitable contributions and union dues.

This interpretation varied from the NYSDOL’s historical focus on whether a deduction is for the “benefit of the employee.” Recentl...(register to read more)

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