By Ty Hyderally Esq. and Lorena Meza

December 17, 2024

There is a lot that goes on behind every paycheck, although most people are not aware of the many legal measures that are in place to ensure that they receive their wages as due. Section 193 of the New York State Labor Law remains a financial safety net aimed at trying to protect employees from exploitation by their employers. This sometimes ignored law is a true example of a law aimed at protecting workers, as it prevents employers from gradually eroding an employee’s wages.

Section 193 is crystal clear: it is unlawful for employers to interfere with an employee’s wages without the express written consent of the employee or statutory authority (The New York State Senate, n.d). It is not a recommendation; it is a regulation that has been put in place to prevent employees from falling victim to fraud and employers trying to deduct money from employee’s pay without notice to the employee and without employee consent.

The law outlines allowable deductions that are actually in the best interest of the employees. These are not arbitrary or vindictive deductions but measurable inputs that can enhance the economic status of an employee. Employees can agree to have deductions made for donations to charities, purchase of United States bonds, membership in health clubs or use of transit passes. However, Section 193 requires important measures around these potential deductions.  More importantly, the law requires disclosure of all information. An employee must be given written notice of any deduction.  The employee must be advised how much money will be deducted from their pay. The employee must be provided the reasons for the deduction. Any changes that may occur with these deductions must be communicated to the employee immediately. This is not mere bureaucratic formalities; it is an essential safeguard for workers.

The law extends the protection of employees further by enabling them to withdraw any given authorization for wage deductions at any time (The New York State Senate, n.d). If an employee decides that they do not want to pay for a gym membership or a charitable contribution any longer, then they can withdraw the consent, and the employer must cease the deduction no later than eight (8) weeks from the date the employer gets notice of the employee’s changed desire. This flexibility helps to maintain financial control among the employees.  The law also allows for clerical errors and erroneous postings. The law also discusses how salary advances can be recovered from subsequent payrolls.

What makes Section 193 stand out is the fact that it is not a blanket ban; rather, it is a balanced regulation. It not only bans deductions in general but also forms a fair environment that permits proper deductions that would help the employees while avoiding any misuse of unilateral and unfair deductions.

To New York workers, Section 193 is a promise that their wages are sacred, that their financial independence will be honored, and that no master can arbitrarily decide to cut their pay without proper and mutual agreement. It replaces the possibility of conflict between the employer and the employee with cooperation based on the recognition of each other’s needs and rights.  Thus, Section 193 remains a source of protection for workers as organizational dynamics change over time. It serves as a constant reminder to the workers and employers that financial equity is not about the overall digits on the paycheck, but about the purity of each and every dollar earned.

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice regarding your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.