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Final New York wage deduction regulations now in effect

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in Compensation and Benefits,Human Resources

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

The New York State Department of Labor has published final regulations—effective Oct. 9, 2013—governing employee wage deductions under Section 193 of the Labor Law.

Most important changes

The final Section 193 regulations in­­clude procedures em­­ployers must follow when seeking to recover wage overpayments and advances by payroll deduction. Employers must establish and implement the correct procedures before attempting to recover wages. Not doing so will create a presumption that the deductions were illegal.

Among other things, the final regulations list specific prohibited deductions, impose precise requirements for obtaining proper “authorization” from employees and provide guidance on what types of deductions may be deemed permissible “similar payments for the benefit of the employee.”

An advance is defined as “provision of money based on anticipation of earning...(register to read more)

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