N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 192-1.2

Current through Register Vol. 46, No. 41, October 9, 2024

Section 192-1.2 - Definitions

For the purposes of this Part:

(a)Payroll debit card shall mean a card that provides access to an account with a financial institution established directly or indirectly by the employer, and to which transfers of the employee's wages are made on an isolated or recurring basis.

(b)Consent shall mean an express, advance, written authorization given voluntarily by the employee and only given following receipt by the employee of written notice of all terms and conditions of the method of payment. Consent may be withdrawn at any time, provided however, that the employer shall be given a reasonable period of time, but no longer than two full pay periods, to finalize such change.

(c)No cost shall mean that an employee can access his or her wages, in full, without encumbrances, costs, charges, or fees.

(d)Local access shall mean that the employee is provided with access to his or her wages, at a facility or machine which is located within a reasonable travel distance to the employee's work location or home, and without unreasonable restraint by the employer or its agent.

(e)Employee shall be as it is defined in section 190 of the Labor Law and shall not include any person employed in a bona fide executive, administrative, or professional capacity whose earnings are in excess of the dollar threshold contained in section 192 (2) of the Labor Law, or an employee working on a farm not connected with a factory.

(f)Direct deposit shall mean the transfer of wages into an account, of the employee's choosing, of a financial institution.

(g)Reasonable intervals shall mean not less frequently than annually.

(h)Negotiable instrument shall be as it is defined in section 3-104 of the New York State Uniform Commercial Code.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 192-1.2

Adopted New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 3/7/2017