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Payroll New York, Unique Aspects of New York Payroll Law and Practice
The New York State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:
This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a .00 penalty for a late report and 0 for conspiracy in New York.
The New York new hire-reporting agency can be reached at 800-972-1233 or 800-225-5829 or on the web at www.tax.state.ny.us/wt/newhire.htm
New York does not allow compulsory direct deposit
New York requires the following information on an employee's pay stub:
New York requires that employee be paid no less often than semimonthly; weekly for manual workers (semimonthly if commissioner of labor agrees); less frequently for FLSA-exempt employees paid over 0 a week.
New York requires that the lag time between the end of the pay period and the payment of wages to the employee not exceed seven days for manual workers.
New York payroll law requires that involuntarily terminated employees must be paid their final pay by next regular payday (by mail if employee requests) and that voluntarily terminated employees must be paid their final pay by the next regular payday or by mail if employee requests it.
Deceased employee's wages of ,000 must be paid within 30 days of death to the designated beneficiary or surviving spouse; ,000 within 31 days to 6 months to the surviving spouse, adult children, parent, sibling, niece or nephew, creditor, or person paying funeral expenses (in that order); ,000 if more than 6 months after death to distributee, creditor, or funeral expenses.
Escheat laws in New York require that unclaimed wages be paid over to the state after three years.
The employer is further required in New York to keep a record of the wages abandoned and turned over to the state for a period of 5 years (after Dec. 31 of year report is filed).
New York payroll law mandates no more than .85 may be used as a tip credit.
In New York the payroll laws covering mandatory rest or meal breaks are only that all employees must have 30 minutes for noon meal from 11 a.m.- 2 p.m. (60 in factory); another 20 minutes from 5 p.m.-7 p.m. if shift starts before 11 a.m. and goes after 7 p.m.; 45 minutes during shift of at least 6 hours starting between 1 p.m. and 6 a.m. (60 in factory).
New York statute requires that wage and hour records be kept for a period of not less than six years. These records will normally consist of at least the information required under FLSA.
The New York agency charged with enforcing Child Support Orders and laws is:
Division of Child Support Enforcement
New York State Department of Family Assistance
40 N. Pearl St.
Albany, NY 12243
New York has the following provisions for child support deductions:
Please note that this article is not updated for changes that can and will happen from time to time.
About the Author: Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years,