News & Analysis as of

Wage Deductions Department of Labor (DOL)

Verrill

Order of Benefit Deductions from Employee Pay

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From time to time we field questions about the order in which deductions for various employee benefits (e.g., 401(k) plan elective deferrals and insurance premiums for welfare benefit plan benefits) should be taken from an...more

Foley & Lardner LLP

Meal Break Abuse – Is It Okay to Dock Pay?

Foley & Lardner LLP on

How many readers have confronted the following scenario: Employer provides a paid meal break to its employees (for ease of application, we are going to suggest the paid meal break is 30 minutes in length); Employees...more

Foley & Lardner LLP

I Want To Dock My Employee’s Wages Because She Broke Her Laptop – Okay?

Foley & Lardner LLP on

The answer to this question depends – is the employee exempt or non-exempt? And, if non-exempt, will the deduction reduce her compensation below the minimum wage or affect her overtime compensation?...more

Fisher Phillips

Is Payday The New Groundhog Day? What Bill Murray Can Teach Employers About New Pay Apps

Fisher Phillips on

Most are familiar with Bill Murray’s classic comedy, “Groundhog Day,” in which egotistical weatherman Phil Connors repeatedly re-lives the date of February 2, 1993. At first, Connors relishes replicating the same events each...more

Fisher Phillips

Not All Deductions Are "Uniform" Under The FLSA

Fisher Phillips on

The federal Fair Labor Standards Act (FLSA) establishes minimum wage and overtime requirements, period. The FLSA does not explicitly require that employers cover all work-related costs, nor, does it do so by specifically...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Fisher Phillips

"Daily Pay" and Cryptocurrency: Will Advances in Technology Change How Wages Are Paid?

Fisher Phillips on

Technology seems to be advancing faster than we can keep up. These advances impact the employer community as well—even regarding basic things such as how, when, and in what manner wages are paid. Take two recent examples...more

Burr & Forman

DOL Reissues 17 Previously Withdrawn Opinion Letters

Burr & Forman on

On January 5, 2018, the Department of Labor (“DOL”) Wage and Hour Division re-issued 17 previously withdrawn DOL Opinion Letters addressing over a dozen topics under the Fair Labor Standards Act (“FLSA”). The DOL originally...more

Dickinson Wright

Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration

Dickinson Wright on

In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is...more

Proskauer - Whistleblower Defense

Tenth Circuit Vacates ARB Whistleblower Decision

On October 17, 2017, the Tenth Circuit overturned the ARB’s decision in favor of complainant for want of protected activity under SOX. Dietz v. Cypress Semiconductor Corp., No. 16-9529 (Oct. 17, 2017). This decision rolled...more

Littler

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

Littler on

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

Franczek P.C.

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

Franczek P.C. on

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

Genova Burns LLC

NY DOL Issues Final Wage Deduction Regulations

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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

Sheppard Mullin Richter & Hampton LLP

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

Cole Schotz

New York Department Of Labor Issues Final Wage Deduction Regulations

Cole Schotz on

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

BakerHostetler

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

BakerHostetler on

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

Morgan Lewis

New York Wage Deduction Rules Take Effect

Morgan Lewis on

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

Patterson Belknap Webb & Tyler LLP

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

Troutman Pepper

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

Troutman Pepper on

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

Littler

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

Littler on

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

Orrick - Employment Law and Litigation

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

Epstein Becker & Green

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

Patterson Belknap Webb & Tyler LLP

Eagerly Anticipated Proposed Wage Deduction Regulations Announced by New York State DOL

Last week, the New York Department of Labor (“DOL”) published proposed regulations governing the new categories of permissible wage deductions in Section 193 of the New York Labor Law that took effect in November 2012. The...more

Genova Burns LLC

New York DOL Issues Proposed Wage Deduction Regulations

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The New York Department of Labor (NYDOL) finally posted proposed wage deduction regulations on its website. ...more

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