Compensation Solutions Blog
Human Resources Outsourcing (HRO – PEO – ASO – Payroll – Agency)

New York Department of Labor Reverses Position, Limits Payroll Deductions

According to a new interpretation of New York Labor Law 193 by the New York Department of Labor, employers are no longer allowed to make certain deductions from an employee’s paycheck, including but not limited to deductions for salary overpayments, salary or benefit advances or tuition.  This is true even if the employee has approved the deduction and the deduction does not exceed 10% of the employee’s pay.  An employer can ask the employee to pay back the money separately, but cannot take an adverse action against the employee if he or she does not.  This is a major reversal of the NY DOL’s position under New York Labor Law 193, which governs paycheck deductions.

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