12 CRR-NY 195-4.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER II. DIVISION OF LABOR STANDARDS
SUBCHAPTER G. PAYMENT OF WAGES
PART 195. DEDUCTIONS FROM WAGES
SUBPART 195-4. AUTHORIZED DEDUCTIONS FOR THE BENEFIT OF THE EMPLOYEE
12 CRR-NY 195-4.2
12 CRR-NY 195-4.2
195-4.2 Authorized by the employee.
(a) A deduction shall be authorized if it is agreed to in a collective bargaining agreement between the representative of the employee and the employer or by a written agreement between the employer and the employees that is express, written, voluntary, and informed. An authorization is informed when the employee is provided with written notice of all terms and conditions of the deduction, its benefit and the details of the manner in which deductions shall be made. Such written notice shall be provided prior to the execution of the initial authorization and prior to a deduction being made, any change in the amount of a deduction, or a substantial change in the benefits of a deduction. A substantial change in the benefits includes, but is not limited to, any reduction in the benefit received for the deduction or the details in the manner in which deductions shall be made. The employee, or a person selected by the employee, shall be given an opportunity to review such materials, however the employer is not required to pay or provide the means for such review. When the amount of a deduction increases, such increase shall be presumed to be substantial for purposes of this notice requirement. A single written authorization containing more than one deduction is permissible as long as all the required information is provided. For the purpose of calculating the time frames in this regulation, any reference to days shall mean calendar days, not business days. Any reference to a week shall mean seven consecutive days.
(b) Where the nature of the deduction may fluctuate based upon the purchase, such as meals at a cafeteria or merchandise purchased at a gift shop, the notice may provide for deductions in a range where the lowest and highest amount that may be deducted are set forth in the notice. Any deduction made within the range shall not be considered changed or increased deduction requiring additional notice and authorization.
12 CRR-NY 195-4.2
Current through June 30, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.