The regulations provide employers with specific guidelines
for wage deductions, including those for overpayments and
advances.
On October 9, the New York Department of Labor's
(NYDOL's) final wage deduction regulations became effective.
The regulations follow on the heels of a September 2012 amendment
of section 193 of the New York Labor Law (NYLL), which clarified
and broadened the scope of permissible deductions from wages. Most
notably, the new regulations provide guidelines for deductions
resulting from inadvertent overpayments to employees and for salary
and wage advances. The new regulations also attempt to clarify
statutory language in section 193(b) of the NYLL, which limits
deductions to those that are "similar" to those
enumerated in section 193 and requires deductions to be authorized
by and "for the benefit" of the employee. Employers
should evaluate current wage deduction processes and consider
making changes, as appropriate, to comply with the
