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Issuing a Replacement Check | NYS Labor Law

July 05, 2016

Written by Complete Payroll

lost payroll check plants

lost payroll check plants

As an employer, it’s your responsibility to make sure that you’re paying your workers accurately and on time. According to New York State Labor Law Section 191, you’re required to provide workers with paychecks that detail their wages and deductions clearly.

However, in the event that your employee loses their paycheck or you accidentally lose it yourself, you must replace the original document within seven days of learning about its loss. Here’s how check replacement policies work in New York State under Labor Law Section 191.

Are employees required to receive replacement paychecks from their employers? Yes.
 
An employer is required to pay wages to an employee if a previously issued check has bounced, has been lost, or otherwise is no longer in the employee's possession due to no fault of their own.
 
Payroll services are a convenient and easy way to ensure workers are paid on time, every time.
 
Regardless of how or why a check was lost, employers cannot charge the employee for issuing a new paycheck.
 
New York employers are prohibited by Sections 191 and 193 of the New York State Labor Law from withholding an employee's wage in order to cover costs for any fees they incur. You'll need to bear the cost of reissuing a new check.
In addition to reducing the paper trail and administrative effort, direct deposit is the best way to prevent this.
 

For more information, check out this resource from the New York State Department of Labor.

If you’re still confused, have a question or would like to inquire about a Direct Deposit solution, get in touch with us. We’d love to help you out!

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DISCLAIMER: The information provided herein does not constitute the provision of legal advice, tax advice, accounting services or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional legal, tax, accounting, or other professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation and for your particular state(s) of operation.

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