N.Y. Labor Law § 193: Deductions from wages

§ 193. Deductions from wages. * 1. No employer shall make any

deduction from the wages of an employee, except deductions which:

a. are made in accordance with the provisions of any law or any rule

or regulation issued by any governmental agency including regulations

promulgated under paragraph c and paragraph d of this subdivision; or

b. are expressly authorized in writing by the employee and are for the

benefit of the employee, provided that such authorization is voluntary

and only given following receipt by the employee of written notice of

all terms and conditions of the payment and/or its benefits and the

details of the manner in which deductions will be made. Whenever there

is a substantial change in the terms or conditions of the payment,

including but not limited to, any change in the amount of the deduction,

or a substantial change in the benefits of the deduction or the details

in the manner in which deductions shall be made, the employer shall, as

soon as practicable, but in each case before any increased deduction is

made on the employee's behalf, notify the employee prior to the

implementation of the change. Such authorization shall be kept on file

on the employer's premises for the period during which the employee is

employed by the employer and for six years after such employment ends.

Notwithstanding the foregoing, employee authorization for deductions

under this section may also be provided to the employer pursuant to the

terms of a collective bargaining agreement. Such authorized deductions

shall be limited to payments for:

(i) insurance premiums and prepaid legal plans;

(ii) pension or health and welfare benefits;

(iii) contributions to a bona fide charitable organization;

(iv) purchases made at events sponsored by a bona fide charitable

organization affiliated with the employer where at least twenty percent

of the profits from such event are being contributed to a bona fide

charitable organization;

(v) United States bonds;

(vi) dues or assessments to a labor organization;

(vii) discounted parking or discounted passes, tokens, fare cards,

vouchers, or other items that entitle the employee to use mass transit;

(viii) fitness center, health club, and/or gym membership dues;

(ix) cafeteria and vending machine purchases made at the employer's

place of business and purchases made at gift shops operated by the

employer, where the employer is a hospital, college, or university;

(x) pharmacy purchases made at the employer's place of business;

(xi) tuition, room, board, and fees for pre-school, nursery, primary,

secondary, and/or post-secondary educational institutions;

(xii) day care, before-school and after-school care expenses;

(xiii) payments for housing provided at no more than market rates by

non-profit hospitals or affiliates thereof; and

(xiv) similar payments for the benefit of the employee.

c. are related to recovery of an overpayment of wages where such

overpayment is due to a mathematical or other clerical error by the

employer. In making such recoveries, the employer shall comply with

regulations promulgated by the commissioner for this purpose, which

regulations shall include, but not be limited to, provisions governing:

the size of overpayments that may be covered by this section; the

timing, frequency, duration, and method of such recovery; limitations on

the periodic amount of such recovery; a requirement that notice be

provided to the employee prior to the commencement of such recovery; a

requirement that the employer implement a procedure for disputing the

amount of such overpayment or seeking to delay commencement of such

recovery; the terms and content of such a procedure and a requirement

that notice of the procedure for disputing the overpayment or seeking to

delay commencement of such recovery be provided to the employee prior to

the commencement of such recovery.

d. repayment of advances of salary or wages made by the employer to

the employee. Deductions to cover such repayments shall be made in

accordance with regulations promulgated by the commissioner for this

purpose, which regulations shall include, but not be limited to,

provisions governing: the timing, frequency, duration, and method of

such repayment; limitations on the periodic amount of such repayment; a

requirement that notice be provided to the employee prior to the

commencement of such repayment; a requirement that the employer

implement a procedure for disputing the amount of such repayment or

seeking to delay commencement of such repayment; the terms and content

of such a procedure and a requirement that notice of the procedure for

disputing the repayment or seeking to delay commencement of such

repayment be provided to the employee at the time the loan is made.

* NB Effective until November 6, 2028

* 1. No employer shall make any deduction from the wages of an

employee, except deductions which:

a. are made in accordance with the provisions of any law or any rule

or regulation issued by any governmental agency; or

b. are expressly authorized in writing by the employee and are for the

benefit of the employee; provided that such authorization is kept on

file on the employer's premises. Such authorized deductions shall be

limited to payments for insurance premiums, pension or health and

welfare benefits, contributions to charitable organizations, payments

for United States bonds, payments for dues or assessments to a labor

organization, and similar payments for the benefit of the employee.

* NB Effective November 6, 2028

* 2. Deductions made in conjunction with an employer sponsored pre-tax

contribution plan approved by the IRS or other local taxing authority,

including those falling within one or more of the categories set forth

in paragraph b of subdivision one of this section, shall be considered

to have been made in accordance with paragraph a of subdivision one of

this section.

* NB Effective until November 6, 2028

* 2. No employer shall make any charge against wages, or require an

employee to make any payment by separate transaction unless such charge

or payment is permitted as a deduction from wages under the provisions

of subdivision one of this section.

* NB Effective November 6, 2028

* 3. a. No employer shall make any charge against wages, or require an

employee to make any payment by separate transaction unless such charge

or payment is permitted as a deduction from wages under the provisions

of subdivision one of this section or is permitted or required under any

provision of a current collective bargaining agreement.

b. Notwithstanding the existence of employee authorization to make

deductions in accordance with subparagraphs (iv), (ix), and (x) of

paragraph b of subdivision one of this section and deductions determined

by the commissioner to be similar to such deductions in accordance with

subparagraph (xiv) of paragraph b of subdivision one of this section,

the total aggregate amount of such deductions for each pay period shall

be subject to the following limitations: (i) such aggregate amount shall

not exceed a maximum aggregate limit established by the employer for

each pay period; (ii) such aggregate amount shall not exceed a maximum

aggregate limit established by the employee, which limit may be for any

amount (in ten dollar increments) up to the maximum amount established

by the employer under subparagraph (i) of this paragraph; (iii) the

employer shall not permit any purchases within these categories of

deduction by the employee that exceed the aggregate limit established by

the employee or, if no limit has been set by the employee, the limit set

by the employer; (iv) the employee shall have access within the

workplace to current account information detailing individual

expenditures within these categories of deduction and a running total of

the amount that will be deducted from the employee's pay during the next

applicable pay period. Information shall be available in printed form or

capable of being printed should the employee wish to obtain a listing.

No employee may be charged any fee, directly or indirectly, for access

to, or printing of, such account information.

c. With the exception of wage deductions required or authorized in a

current existing collective bargaining agreement, an employee's

authorization for any and all wage deductions may be revoked in writing

at any time. The employer must cease the wage deduction for which the

employee has revoked authorization as soon as practicable, and, in no

event more than four pay periods or eight weeks after the authorization

has been withdrawn, whichever is sooner.

* NB Effective until November 6, 2028

* 3. Nothing in this section shall justify noncompliance with article

three-A of the personal property law relating to assignment of earnings,

nor with any other law applicable to deductions from wages.

* NB Effective November 6, 2028

* 4. Nothing in this section shall justify noncompliance with article

three-A of the personal property law relating to assignment of earnings,

with section two hundred twenty-one of this chapter relating to company

stores or with any other law applicable to deductions from wages.

* NB Effective until November 6, 2028

5. There is no exception to liability under this section for the

unauthorized failure to pay wages, benefits or wage supplements.