NYS Withholding or Docking Pay

Overview of Law
Employers in New York may not make deductions from an employee’s pay unless they are either required by law or allowed by law; if it is only allowed, the employee must agree to the deduction in writing.
- Insurance premiums
- Prepaid legal plans
- Pensions or health and welfare benefits
- Certain charitable contributions
- Federal government bonds
- Union dues
- Mass transit passes
- Gym membership dues
- Cafeteria, vending machines, or gift shop purchases, but only if the employer is a hospital, college, or university
- Pharmacy purchases
- Tuition, room, board, and fees for most educational institutions
- Daycare, before-school care, and after-school care
- Housing, but only if the employer is a hospital and the cost is not higher than market value
- Overpayment of wages, but only if the employer complies with detailed regulations
- Advances, but only if the employer complies with detailed regulations
The Fair Labor Standards Act prohibits making deductions that would bring an employee’s pay below the minimum wage or cut into their overtime earnings, except when a deduction is required by law or court order, used to repay the principal on a properly executed loan, or is for Section 3(m) facilities.
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The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice. The employees of Complete Payroll are not