Employment Law Monthly - December 2013

Payroll Deductions In New York: Employer Beware

By Thomas O. Johnston and Suzanne E. Peters

Last year, the New York legislature amended New York Labor Law Section 193, permitting employers to make certain types of wage deductions that were previously prohibited in New York. Recently, the New York State Department of Labor adopted regulations in response to this change in law. The promulgation of the regulations signals that although an employer may now make certain deductions, it must strictly follow the procedures set forth in the regulations prior to making any deduction or attempting to recover any overpayment of wages.