GlensFalls.com logo
GlensFalls.com logo
  • Back to GlensFalls.com
  • Lodging
  • Restaurants
  • Things To Do
  • Events
Glens Falls Business Journal
  • Home
  • New Businesses
  • Business News
  • Business Reports
  • Business Briefs
  • Business Registrations
  • Personnel Briefs
  • Contact Us
Home  »  Entrepreneurship  »  Business Report: Get Employee Payment Right The First Time
Entrepreneurship

Business Report: Get Employee Payment Right The First Time

Posted onApril 11, 2019April 11, 2019
Michael Billok is a member of Bond, Schoeneck & King in its Saratoga Springs office.

By Michael Billok
If there is one issue that trips up new and small businesses, it is paying employees correctly. It seems simple enough: so long as you contract with a reputable payroll company, you won’t have problems, right? Wrong.
A payroll company can help you—but it is still your responsibility to make sure that employees are paid correctly. And paying employees correctly is not as easy as you might think. Let’s talk about three examples where new businesses go off the rails:
The “salaried” employee. It is common knowledge that when an hourly employee works more than 40 hours a week, that employee must be paid overtime at the rate of time-and-a-half. It is also commonly believed that if an employee is salaried and not hourly, then that employee does not have to be paid overtime.
But that belief is false. Some salaried employees are exempt from overtime. But not all. An employee must be paid on a salary basis, but that is only one of the requirements. There are also minimum salary levels and particular duties an employee must meet to be exempt from overtime. Don’t fall into the “salaried employee” trap.
• The deduction from wages. Let’s say you accidentally overpay an employee. It seems that common sense would dictate that if an employee receives a windfall of unearned and unexpected money, that an employer could just recover that amount from the employee’s next paycheck, right? Again, wrong.
In New York, if you overpay an employee, you may be able to recover the money by payroll deduction, but it’s not automatic. For example, you must notify the employee within eight weeks of the overpayment about your intent to deduct the overpayment. This means that if you discover the overpayment more than eight weeks later, you’re out of luck.
If the overpayment is less than an employee’s net wages in the employee’s next paycheck, you can deduct the total amount from the employee’s next paycheck, but you have to give at least three days’ notice before the payment is due. And if the overpayment exceeds the employee’s net wages in the employee’s next paycheck, then it will take much more time and effort to get it back.
That’s just overpayments. New York likewise has enacted laws and regulations regarding making advances to employees that are so onerous, few employers opt to provide such advances—unfortunately, to the detriment of employees. Thinking about making deductions from wages for another reason?
In that case, you need to make sure the deduction is for one of a few enumerated permitted deductions under New York State law. Bottom line, any time you are considering making a deduction from employee’s pay, whether for overpayments, advances or other money that may be owed to you by the employee, you need to proceed with caution.
The unauthorized work. If you didn’t authorize an employee to work certain hours or overtime and the employee does it anyway, you don’t have to pay the employee, right? You guessed it by now: wrong. If an employee works the time, you have to pay the time—but you can (and should) issue discipline to the employee for violating your policy, so the employee does not work unauthorized time again.
When it comes down to it, it takes more than common sense and good intent to make sure you are complying with wage and hour laws. So good luck—and be careful out there.
Billok is a member of Bond, Schoeneck & King and works out of the firm’s Saratoga Springs office. He represents employers in a variety of labor and employment-related areas.

Previous Article Nominations Sought For Business Awards
Next Article Lake George Biker, Concerned With Safety, Develops New Helmet; Ready For Distribution
Subscribe to Our Newsletter View the Latest Virtual Edition
 SUBSCRIBE TO OUR NEWS FEED

Categories

  • 50-Plus
  • Banking
  • Banking / Asset Managment
  • Building Trades
  • Business Briefs
  • Business News
  • Business Registrations
  • Business Reports
  • Commercial / Residential Real Estate
  • Construction
  • Construction Planning
  • Corporate Tax / Business Planning
  • Cyber/Tech
  • Dining Guide
  • Economic Outlook 2017
  • Economic Outlook 2018
  • Economic Outlook 2019
  • Economic Outlook 2020
  • Economic Outlook 2022
  • Economic Outlook 2023
  • Economic Outlook 2024
  • Economic Outlook 2025
  • Economical Development
  • Education / Training
  • Entrepreneurial Women
  • Entrepreneurs
  • Entrepreneurship
  • Environment / Development
  • Exclusives
  • Financial Planning / Investments
  • Fitness / Nutrition
  • Health / Community Services
  • Health & Fitness
  • Health & Wellness
  • Healthcare
  • Holiday Shopping Guide
  • Home / Energy
  • Home & Real Estate
  • Insurance / Employee Benefits
  • Insurance / Medical Services
  • Leadership Development
  • Legal / Accounting
  • Meet The Chef
  • My Turn
  • New Businesses
  • Non-Profits
  • Office / Computers / New Media
  • Office / HR / Employment
  • Office / New Media
  • Office / Tech / eCommerce
  • Office / Technology
  • Office / Work Place / Legal
  • Outlook 2016
  • Outlook 2021
  • Personnel Briefs
  • Retirement Planning
  • Senior Living / Retirement
  • Summer Construction
  • Uncategorized
  • Wellness
  • Women In Business
  • Workplace / Legal / Security
  • Year-End Tax Planning

Archives

  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • November 2010
Mannix Marketing Logo
GlensFalls.com logo
  • Home
  • Lodging
  • Restaurants
  • Things To Do
  • Nightlife
  • Events
  • Health & Beauty
  • Real Estate
  • Businesses
  • About
  • Home & Garden
  • Guides
  • Blogs
  • Sweepstakes
  • Advertising
Official Guide to the Greater Glens Falls Region
Full-Service Internet Marketing: Search Engine Optimization, Website Design and Development by Mannix Marketing, Inc.
Mannix Marketing, Inc. is headquartered in Glens Falls, New York
GlensFalls.com All Rights Reserved © 2025
Disclaimer & Privacy Policy / Terms of Use / Copyright Policies
[uc-privacysettings]

We strive to insure accuracy on GlensFalls.com however accuracy cannot be guaranteed. Information is subject to change.
Please alert us if there is any inaccurate information here.

Having trouble using this site? Accessibility is our goal, please contact us with site improvements.