•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09459 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9459
 
SPONSOR: Burdick
  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 OR GENERAL IDEA OF BILL: 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 of wages paid or the time in which wages were dispersed.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This is a new bill.   JUSTIFICATION: This bill clarifies that deductions shall not be made from employee accounts if they do not constitute overpayment or are dispersed at an improper time. This is to prevent employees from being affected in the situation where a company makes a clerical error harmful in the company but the employee receives wages they were rightfully owed. As reported in the Times Union, Cachet clawed back rightfully owed wages because the money did not come from the employer escrow account as usual but rather a separate source, since the escrow money was sent directly to MyPay- rollHR. Employees should have kept their wages and Cachet received their money back directly from MyPayrollHR or insurance if they are so insured. Note: Cachet is a California company who was a vendor of MyPay- rollHR.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately
Go to top