LEGAL MEMORANDUM

Legal Memorandum



To: Dr. Roger J. Ward

From: Akua Awuku

Date: January 29, 2011

Re: Employer and Wages

Memorandum

Issue

Can your employer hold your last pay check after being terminated?

Short Answer

According to the New York courts when employment has been terminated, the employer must pay the wages by the regular payday for the pay period worked. If requested, the employer must mail the final wages to the employee Whether an employer is obligated to pay for unused time depends upon the terms of the vacation and/or resignation policy.

Statement of Facts

After the famous precedent of Glenville Gage business, Inc. v. Industrial Board of requests of the State of New York, Department of work, 70 AD2d 283 3d Dept 1979 affd, 52 NY2d 777 1980 New York courts held that an affirmation to furnish benefits or salary supplements, such as holiday, can identify that employees forfeit gained advantages under certain conditions. To be valid, the boss must have notified employees, in composing, of the conditions that nullify the benefit. If an worker has acquired vacation time and there is no in writing forfeit principle, the boss must pay the employee for the gained vacation. Section 193 of the work regulation states: Employers with New York State procedures should double-check they understand the New York State Department of Labor's present position as to new charter notices and salary deductions. assistance to charitable organizations, payments for joined States bonds, payments for amounts owing or assessments to a work organization). Thereafter, through attitude notes, the Department changed its former position as to the legality of certain wage deductions, such as a deduction from a final paycheck to cover utilised but unaccrued paid time off, and deductions for lend repayments and salary overpayments. The Department now states that such deductions are impermissible regardless of the employee's in writing consent. founded on the Department's consistently evolving, highly-protectionist pro-employee position, employers should mindfully reconsider their wage deduction practices in New York State.

Discussion

Every organization in the state of New York will have to follow procedures should review these wage and hour compliance issues with counsel to double-check compliance. The § 193. Deductions from wages. 1. No employer will make any deduction from the salaries of an employee, except deductions which:a. are made in agreement with the provisions of any law or any direct or guideline handed out by any governmental agency; orb. are expressly authorized in writing by the worker and are for the advantage of the worker; provided that such authorization is kept on file on the employer's premises. Such authorized deductions shall be restricted to payments for insurance premiums, pension or health and welfare advantages, assistance to charitable organizations, payments for United States bonds, payments for amounts owing or evaluations to a labor organization, and alike payments for the advantage of the employee. No boss shall make any ascribe against salaries, or require an worker to make any fee by separate transaction unless such ascribe or fee is allowed as a deduction from salaries under the provisions of subdivision ...