Bill Text: NY S09633 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes a minimum threshold of five hundred dollars for recovery of overpayment of wages; provides an employee who is alleged to have been overpaid notice and an opportunity to respond to such allegation prior to the state seeking such recovery.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - REFERRED TO FINANCE [S09633 Detail]

Download: New_York-2023-S09633-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9633

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance

        AN ACT to amend the state  finance  law,  in  relation  to  recovery  of
          alleged overpayment of wages

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision 3 of section 200 of the  state
     2  finance law, as amended by section 1 of part U chapter 62 of the laws of
     3  2003, is amended as follows:
     4    (b)  Nothing  contained  in  paragraph  (a)  of this subdivision shall
     5  prevent the state from recovering, by offset or otherwise, any  overpay-
     6  ment  made provided such overpayment was made within the preceding three
     7  hundred and sixty-five days (i) for  a  period  when  the  employee  was
     8  neither  performing services for the state nor on approved leave or (ii)
     9  under circumstances where the comptroller reasonably determines that the
    10  employee knew, or that a reasonable employee should have known, that the
    11  salary paid to [him or her] such employee was in excess  of  that  which
    12  [he  or  she was] they were entitled to receive provided that the amount
    13  in question exceeds five hundred dollars and that the affected  employee
    14  is  provided  thirty  days' notice and an opportunity to respond to such
    15  findings prior to seeking such recovery.   Such employee  may  elect  to
    16  have such recovery limited to no more than ten per centum of the employ-
    17  ee's  biweekly  paycheck;  provided, however, the comptroller shall have
    18  sole authority to collect any amounts due at the time an employee  sepa-
    19  rates from service.
    20    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15678-01-4