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ARTICLE · 17 OCTOBER 2013

Are You Ready For The Final Wage Deduction Rules?

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The New York State Department of Labor (NYSDOL) issued final Wage Deduction regulations, effective October 9, 2013.

United StatesEmployment and HR
Proskauer'S Employment Law Counseling & Training Practice Group
Proskauer'S Employment Law Counseling & Training Practice Group
Elise Bloom
Elise Bloom
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The New York State Department of Labor (NYSDOL) issued final Wage Deduction regulations, effective October 9, 2013. The regulations set forth the requirements for making authorized lawful deductions from employee wages under Section 193 of the New York Labor Law (NYLL), plus describe the mandatory requirements for recovering overpayments due to clerical or mathematical errors, or for repayment of wage advances. Employers have been waiting for clear guidance from the NYSDOL on this issue since June 2012, when Section 193 of the NYLL was amended to restore employers' ability to make deductions from employee wages in a number of limited circumstances.

The amended Section 193 of the NYLL prohibits any deduction from employee wages, except deductions that are made in accordance with laws, or "any rule or regulation issued by a government agency," or are "expressly authorized in writing by the employee" and "are for the benefit of the employee" so long as the "authorization

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