The failure to pay earned wages inflicts real harm on a broad range of employees. Labor Law Article 6, and §193 in particular, reflects New York’s “longstanding policy against the forfeiture of earned but undistributed wages.” Bader v. Wells Fargo Home Mortg., 773 F. Supp. 2d 397, 415 (S.D.N.Y. 2011); see also Kolchins v. Evolution Mkts., 31 N.Y.3d 100, 109 (2018).
Labor Law §193 provides: “No employer shall make any [unauthorized] deduction from the wages of an employee[.]” The inequity the Legislature sought to prevent in enacting §193 was employers reaping the benefit of employees’ earned wages. In re Angello v. Labor Ready, 7 N.Y.3d 579, 586 (2006). Accordingly, the Court of Appeals held that an employer’s “neglect to pay” earned wages violates §193. Ryan v. Kellogg Partners Institutional Servs., 19 N.Y.3d 1, 16 (2012); see also Kolchins, supra. That’s hardly surprising, since §193’s protections extend even further, barring wage deductions made through indirect means. Angello, supra.
