A 3289: Establishes a minimum threshold of five hundred dollars for recovery of overpayment of wages; provides an employee who is alleged to have been overpaid notice and an opportunity to respond to such allegation prior to the state seeking such recovery.
The bill aims to amend the state finance law to allow the state to recover alleged overpayments of wages. The state can recover overpayments made within the past 765 days under certain conditions. These conditions include when the employee was not performing services for the state or on approved leave, or when the comptroller reasonably determines that the employee knew they were overpaid. The employee must receive 30 days' notice and an opportunity to respond before the state can recover the overpayment. The employee may choose to limit the recovery to 10% of their biweekly paycheck. The comptroller has sole authority to collect any amounts due at the time the employee separates from service. The changes take effect immediately.
- What is the current status of A 3289?
- As of January 8, 2026, A 3289 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "referred to ways and means".
- Did A 3289 pass?
- Not yet. A 3289 has been introduced and has not passed either house.
- Who wrote A 3289, and where is it now?
- A 3289 was authored by Asm. Stacey Pheffer Amato. Its committee of record is Assembly Ways & Means.
| Jan. 07, 2026 | referred to ways and means |
| Jan. 27, 2025 | referred to ways and means |
STATE OF NEW YORK ________________________________________________________________________ 3289 2025-2026 Regular Sessions IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Ways and Means AN ACT to amend the state finance law, in relation to recovery of alleged overpayment of wages The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 3 of section 200 of the state 2 finance law, as amended by section 1 of part U chapter 62 of the laws of 3 2003, is amended as follows: 4 (b) Nothing contained in paragraph (a) of this subdivision shall 5 prevent the state from recovering, by offset or otherwise, any overpay- 6 ment made provided such overpayment was made within the preceding three 7 hundred and sixty-five days (i) for a period when the employee was 8 neither performing services for the state nor on approved leave or (ii) 9 under circumstances where the comptroller reasonably determines that the 10 employee knew, or that a reasonable employee should have known, that the 11 salary paid to [him or her] such employee was in excess of that which 12 [he or she was] they were entitled to receive provided that the amount 13 in question exceeds five hundred dollars and that the affected employee 14 is provided thirty days' notice and an opportunity to respond to such 15 findings prior to seeking such recovery. Such employee may elect to 16 have such recovery limited to no more than ten per centum of the employ- 17 ee's biweekly paycheck; provided, however, the comptroller shall have 18 sole authority to collect any amounts due at the time an employee sepa- 19 rates from service. 20 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02928-01-5