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  • New York Deductions from pay

    Sometime fairly recently, a law was passed that prohibited employers from making deductions from paychecks, even if the employee had been overpaid. The law says that this should be rectified by requesting the employee give a personal check.

    I have heard that that has been suspended, but don't have a citation for it. We just discovered that an employee was paid twice for some vacation time, and I'm hoping that someone will tell me the correct way to handle this.

    Nancy

  • #2
    I haven't heard of that. Do you have a cite or anything? How did you hear about it?

    If either the original payment or the duplicate payment was included with other wages, this is how you would do it. Prepare what we payroll fogeys (or at least, this one) call a Was Paid, Should be Paid worksheet. Set up rows for each earning type, tax, deduction and net pay. The first column would be what WAS paid. The second column would be what SHOULD have been paid, if the paycheck was done correctly. The third column is the difference between the two, and the difference in net pay is the amount of the check you should get from the employee.

    When you get the check, then you can adjust each earnings, tax, deduction and (possibly) net pay (there are a couple of ways to handle net pay) buckets on your payroll records. Do you use a payroll system?
    Last edited by Pattymd; 10-07-2010, 12:17 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Patty,

      I responded earlier but I don't see it ...

      It is NYS Labor Law 193.

      To answer your questions, we use Paychex, and I use the "was/should have been" format when the wrong bucket was used.

      Thanks,
      Nancy

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      • #4
        http://www.littler.com/PressPublicat...Deductions.pdf
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        • #5
          There ya go, Nancy. That's the right way to do it. Or at least, it's the best practice way.

          Look for a PM from me.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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