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NYS Proposes Changes to Wage Deduction Regulations

The New York State Department of Labor has issued proposed regulations to guide employers with a recent statute expanding the scope of permissible wage deductions in New York.

The proposed regulations cover:

  1. Deductions for the Benefit of the Employee

  2. Recovery of Overpayments

  3. Repayment of Wage Advances

If the regulations are adopted as proposed, New York employers lawfully will be able to (1) implement pre-authorized, enumerated wage deductions that are of benefit to their employees, (2) recoup wage overpayments due to mathematical or clerical errors, and (3) allow for repayment of wage advances through deductions, upon terms clearly set forth in agreements with employees requesting such advances.

Employers, however, should continue to proceed with caution. The proposed regulations are not yet finalized. The public is invited to comment on the proposed regulations until July 6, 2013.

If you have any questions concerning workplace compliance, please contact PMP at 516-921-3400.

Alan B. Pearl, Esq.


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