§ 193. Deductions from wages. * 1. No employer shall make any\ndeduction from the wages of an employee, except deductions which:\n a. are made in accordance with the provisions of any law or any rule\nor regulation issued by any governmental agency including regulations\npromulgated under paragraph c and paragraph d of this subdivision; or\n b. are expressly authorized in writing by the employee and are for the\nbenefit of the employee, provided that such authorization is voluntary\nand only given following receipt by the employee of written notice of\nall terms and conditions of the payment and/or its benefits and the\ndetails of the manner in which deductions will be made. Whenever there\nis a substantial change in the terms or conditions of the payment,\nincluding but not limited to, any change in the amount of the deduction,\nor a substantial change in the benefits of the deduction or the details\nin the manner in which deductions shall be made, the employer shall, as\nsoon as practicable, but in each case before any increased deduction is\nmade on the employee's behalf, notify the employee prior to the\nimplementation of the change. Such authorization shall be kept on file\non the employer's premises for the period during which the employee is\nemployed by the employer and for six years after such employment ends.\nNotwithstanding the foregoing, employee authorization for deductions\nunder this section may also be provided to the employer pursuant to the\nterms of a collective bargaining agreement. Such authorized deductions\nshall be limited to payments for:\n (i) insurance premiums and prepaid legal plans;\n (ii) pension or health and welfare benefits;\n (iii) contributions to a bona fide charitable organization;\n (iv) purchases made at events sponsored by a bona fide charitable\norganization affiliated with the employer where at least twenty percent\nof the profits from such event are being contributed to a bona fide\ncharitable organization;\n (v) United States bonds;\n (vi) dues or assessments to a labor organization;\n (vii) discounted parking or discounted passes, tokens, fare cards,\nvouchers, or other items that entitle the employee to use mass transit;\n (viii) fitness center, health club, and/or gym membership dues;\n (ix) cafeteria and vending machine purchases made at the employer's\nplace of business and purchases made at gift shops operated by the\nemployer, where the employer is a hospital, college, or university;\n (x) pharmacy purchases made at the employer's place of business;\n (xi) tuition, room, board, and fees for pre-school, nursery, primary,\nsecondary, and/or post-secondary educational institutions;\n (xii) day care, before-school and after-school care expenses;\n (xiii) payments for housing provided at no more than market rates by\nnon-profit hospitals or affiliates thereof; and\n (xiv) similar payments for the benefit of the employee.\n c. are related to recovery of an overpayment of wages where such\noverpayment is due to a mathematical or other clerical error by the\nemployer. In making such recoveries, the employer shall comply with\nregulations promulgated by the commissioner for this purpose, which\nregulations shall include, but not be limited to, provisions governing:\nthe size of overpayments that may be covered by this section; the\ntiming, frequency, duration, and method of such recovery; limitations on\nthe periodic amount of such recovery; a requirement that notice be\nprovided to the employee prior to the commencement of such recovery; a\nrequirement that the employer implement a procedure for disputing the\namount of such overpayment or seeking to delay commencement of such\nrecovery; the terms and content of such a procedure and a requirement\nthat notice of the procedure for disputing the overpayment or seeking to\ndelay commencement of such recovery be provided to the employee prior to\nthe commencement of such recovery.\n d. repayment of advances of salary
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