BILL NUMBER: S668
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the state finance law, in relation to recovery of
alleged overpayment of wages
 
PURPOSE:
This bill amends State Finance Law by establishing a minimum threshold
of five-hundred dollars for recovery of overpayment of wages and
provides an employee who is alleged to have been overpaid notice and an
opportunity to respond to such allegation prior to the state seeking
such recovery.
 
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (b) of subdivision 3 of section 200 of the
state finance law, as amended by section 1 of part U chapter 62 of the
laws of 2003 to provide due process to state employees facing the recov-
ery of alleged overpayment, as well as setting a minimum threshold of
five-hundred dollars for state recovery of overpaid wages.
Second 2 is the effective date.
 
JUSTIFICATION:
State employees who have been alleged to have been overpaid are current-
ly not guaranteed due process prior to facing recovery for alleged over-
payment, resulting in circumstances where an employee may be wrongly
deprived of said wages. This currently results in some state employees
being wrongly required to pay back salary they believe was rightfully
due to them. This bill addresses also establishes a minimum threshold of
five-hundred dollars as a means of eliminating de minimis recoveries,
allowing the focus to be on meaningful allegations of overpayment.
 
PRIOR LEGISLATIVE HISTORY:
2024- S. 9633 - REFERRED TO FINANCE/ A. 10512 (Rules/Pheffer-Amato)
referred to ways and means
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S668: 200 state finance law, 200(3) state finance law