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 years after their effective date (November 6, 2018).  For more information on the 2012 amendments, see our October 14, 2013 client alert.

The 2012 amendments expanded the list of permissible deductions that may be made with employee consent.  It also expressly permitted employers to recover an overpayment of wages due to a mathematical or clerical error, and for the repayment of advances of wages, provided certain procedures are followed.

In light of the extension, employers should continue to follow the regulations issued by the Commissioner of Labor in late 2013, codified at 12 NYCRR Part 195.