Wage Deductions

News & Analysis as of

Trying to Reason with Blizzard Season: Employers, Employees, and Inclement Weather in the Southeast

In January, a “once-in-a-generation” winter storm hit the southeastern United States. The temperature dropped to record lows while snow and ice paralyzed our cities and towns. Schools across the region were closed, with...more

Wage Deduction From Final Paycheck Narrowly Allowed By Ninth Circuit

Ward v. Costco Wholesale Corp., No. 11-56757 (January 9, 2014): In a recent unpublished decision, the Ninth Circuit Court of Appeals upheld a trial court’s decision that Costco Wholesale did not violate the Fair Labor...more

Employment Law Bulletin: Auditing your practices to avoid wage-and-hour claims in Florida

"Florida is a hotbed of wage-and-hour litigation,” is repeatedly quoted in one report after another over the past year, and this trend is expected to continue throughout 2014. Here is a quick roadmap of compliance questions...more

Employer’s Final Paycheck Deductions Upheld

The Ninth Circuit just held that an employer is entitled to deduct from an employee’s final paycheck money an employee owes to the employer. Ward v. Costco Wholesale Corp. Costco issued Ms. Ward a company credit card, but...more

New York Employers – 2013 Year in Review and Looking Ahead to 2014

“Many people look forward to the new year for a new start on old habits.” While the author to this famous New Year’s quote remains unknown, that certainly doesn’t make it any less true, including for employers. We hope that,...more

IRS Publishes Post-Windsor Guidance in Notice 2014-1

A significant amount of confusion remains for employee benefit plan sponsors regarding the impact of the Supreme Court's decision in United States v. Windsor and its holding that Section 3 of the Defense of Marriage Act...more

Supreme Court of Canada refuses to deduct pension earnings from wrongful dismissal damages

Mr. Waterman worked for IBM (United Kingdom) and subsequently IBM (Canada) for 42 years when he was dismissed without cause in March of 2009 and was given 2 months of pay in lieu of notice. Subsequently, he began collecting...more

10 Ways HR Departments Violate the Law Without Realizing It (And What To Do About It)

Employers of all varieties face lawsuits arising from claimed violations of employment laws. Often such violations are inadvertent and entirely avoidable. Here is a list of ten ways a human resources department may violate...more

NYS Department of Labor Issues Regulations Expanding Allowable Wage Deductions

The NYS Department of Labor issued final regulations for the November 2012 amendments to Labor Law § 193, expanding permissible employer wage deductions. The regulations, 12 NYCRR Part 195, became effective on October 7,...more

NY DOL Issues Final Wage Deduction Regulations

The NY DOL’s final regulations regarding an employers’ ability to reduce employee wages for overpayments recently took effect. Consistent with the DOL’s proposed regulations, which we discussed here, the final regulations...more

Update: New York Department of Labor Issues Final Wage Deduction Regulations

As we detailed in a previous posting (available here), in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the...more

New York Department Of Labor Issues Final Wage Deduction Regulations

As we previously posted, last year New York amended New York Labor Law §193 (“NYLL”) to expand the scope of permissible deductions an employer may make from an employee’s paycheck. Even though the amendments became effective...more

New York State now allows employers to make payroll deductions for inadvertent overpayment of wages

Section 193 of the New York Labor Law proscribes an employer’s right to make deductions from its employees’ paychecks with very limited exceptions. In November 2012, the law was amended to allow employers to make payroll...more

Certain Deductions Allowed Under New York Labor Law, But Employers Beware

The New York State Department of Labor (“NYSDOL”) issued final regulations last week governing how employers may make certain types of deductions from employee wages authorized under the New York Labor Law. For years, there...more

New York Wage Deduction Rules Take Effect

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...more

New Wage Deduction Regulations Finalized by New York State Department of Labor

On October 9, the New York State Department of Labor’s final wage deduction regulations took effect. Those regulations are codified at 12 N.Y.C.R.R. 195, and are available here. The final regulations are very similar to the...more

A Real-Life Analysis Of The New Wage Deduction Rules In New York: What The Legislature Giveth, The Regulators Have Taketh Away

Last week, the New York State Department of Labor issued regulations to implement the 2012 amendments to New York’s wage deduction law. The amendments were enacted to facilitate employer deductions of overpayments and...more

New York Employers Are Now Safe to Make Wage Deductions: NYDOL Issues Final Wage Deduction Regulations

The New York Department of Labor (NYDOL) issued final regulations, effective October 9, 2013, which explain how and when employers may make deductions for wage overpayments due to mathematical or clerical errors and for...more

Two New Measures in New York: Wage Deduction Rules and Pregnancy Accommodation

Most employers tend to focus on federal law as a source of labor and employment obligations. However, employers should also pay careful attention to state and local laws on workplace issues. The first half of this month has...more

New York State Department of Labor Adopts New Wage Deduction Regulations

The New York State Department of Labor has finally released regulations interpreting the Wage Deduction Law that New York amended nearly a year ago. Here are my 5 quick takeaways from those regulations....more

Are You Ready for the Final Wage Deduction Rules?

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...more

Act Now Advisory: New York State Department of Labor Adopts Wage Deduction Regulations

The New York State Department of Labor ("DOL") has adopted wage deduction regulations ("Final Regulations") pertaining to the expanded categories of permissible wage deductions in the New York Labor Law, effective October 9,...more

Better Late Than Never: The New York State Department of Labor Finally Issues Regulations on Permissible Wage Deductions

Almost one year after the New York Labor Law was amended to expand the scope of permissible wage deductions, on October 9, 2013, the New York Department of Labor has finally issued regulations that allow employers to take...more

New York State Department Of Labor Guidelines For Permissible Wage Deductions Are Effective October 9, 2013

The New York State Department of Labor recently issued proposed regulations providing further guidance about the permissible scope of wage deductions. The amended statute, N.Y. Labor Law §193, became effective in November...more

Act Now Advisory: New York State Releases Proposed Wage Deduction Regulations

The New York State Department of Labor ("DOL") recently published its long-awaited proposed regulations ("Proposed Regulations") pertaining to the newly expanded categories of permissible wage deductions pursuant to the New...more

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