Wage Deductions

News & Analysis as of

Recent Legislative and Regulatory Activity Will Impact the Payment of Wages in New York

First, Governor Andrew Cuomo recently signed legislation extending a so-called “sunset” provision in prior amendments to New York’s wage deduction statute – Section 193 of the New York Labor Law. Those amendments, enacted in...more

New York Wage Deduction Rules Extended for Three Years

On October 26, 2015, Governor Andrew M. Cuomo signed into law an amendment to the New York Labor Law Section 193 (“NY Wage Deduction Law”) extending the law, which sets forth permissible deductions from wages, for another...more

New York Labor Law Wage Deduction Amendments Extended Through 2018

On the eve of November 6, 2015 expiration date, New York Governor Andrew Cuomo signed legislation earlier this week (Assembly Bill A07594/S05623) extending the effective date for the expanded list of permissible wage...more

New York’s Wage Deduction Law in Effect for Three More Years

On October 26, 2015, New York Governor Andrew Cuomo signed State Assembly bill A07594, extending the expiration period of 2012 amendments to New York Labor Law §193, which had permitted employers to make deductions from...more

Labor Law Section Expanding Right of Employers to Make Deductions From Employees’ Wages Has Been Extended for Another Three Years

New York employers will recall that on November 6, 2012, the State Legislature enacted sweeping changes to Section 193 of the State Labor Law, expanding the categories of permissible deductions that employers may make from...more

New York City Transit Benefit Requirement Fast Approaching

As most New York City employers know by now, beginning January 1, 2016, the New York Mass Transit Benefits Law (the "ordinance") requires employers with twenty or more full-time employees working in New York City to offer...more

New York Extends Sunset Provision on 2012 Wage Deduction Law Amendments to 2018

UPDATE: On October 26, 2015, Governor Cuomo signed a bill (A07594) extending the expiration period of the 2012 amendments to New York Labor Law 193 from three years after their effective date (November 6, 2015) to six...more

UPDATE - New York Wage Deduction Law Will NOT Expire November 6

On November 6, 2015, amendments to the New York Labor Law (NYLL) that expanded permitted deductions from wages for overpayments and advances against wages, among other items, will expire. In 2012, New York expanded the...more

New York Wage Deduction Amendments Renewed for Another Three Years

In case you were wondering, and we that know you were, Governor Cuomo recently signed a bill that extends the 2012 amendments made to NY’s Wage Deduction Law until November 2018. Without the extension, the amendments would...more

What is the Cost of a Free Lunch? [Wage & Hour FAQ]

Q. We offer free lunches to our food service employees. Can we count the cost of these lunches as part of our employees' compensation? A. The short answer is yes, but as we all know, there's no such thing as a free...more

Litigating California Wage & Hour and Labor Code Class Actions

We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

Indiana Wage Law Amendments Become Effective on July 1, 2015

Two significant changes to Indiana’s wage laws will become effective on Wednesday, July 1, 2015. First, liquidated damages will no longer be mandatory when an employer violates Indiana’s Wage Payment or Wage Claims statutes....more

Welcome Changes to Indiana's Wage Payment and Deduction Laws

On May 5, 2015, Governor Pence signed into law House Bill 1469, amending Indiana’s laws governing wage payments and wage deductions. The amendments, which minimize employer exposure for violations and expand allowable wage...more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

Repaid Deduction Saves Day

The Fair Labor Standards Act requires employees to be paid on a salary basis, not hourly, to be exempt under the so-called white collar exemptions, e.g. for executive or administrative employees. ...more

Significant Changes To The Illinois Wage Payment And Collection Act Receive Little Publicity, But Employers Should Take Notice

On August 22, 2014, significant changes to the Illinois Wage Payment and Collection Act (IWPCA) regulations became effective. The IWPCA is an Illinois law with a ten-year statute of limitations that governs the payment of...more

New Jersey Bill Seeks To Permit Additional Withholdings And Deductions From Employee Wages

On March 24, 2014, a bill (S1846) was introduced that would permit an employer to withhold a portion of an employee’s wages for purchases authorized by the employee made at an event sponsored by an organized and...more

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

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

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

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