New York A 3289: Relates to recovery of alleged overpayment of wages

Bill Text

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A03289 Summary:

BILL NOA03289 

&nbsp

SAME ASSAME AS S00668

&nbsp

SPONSORPheffer Amato

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §200, St Fin L

&nbsp

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.

Go to top A03289 Actions:

BILL NOA03289 

&nbsp

01/27/2025referred to ways and means

01/07/2026referred to ways and means

Go to topA03289 Committee&nbspVotes:

Go to topA03289 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03289 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3289

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
 Committee on Ways and Means

 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.
 LBD02928-01-5

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