N.Y. Labor Law § 517 (2026)

§ 517. Remuneration.  1. Inclusions. "Remuneration" means every form
of compensation for employment paid by an employer to his employee;
whether paid directly or indirectly by the employer, including salaries,
commissions, bonuses, and the reasonable money value of board, rent,
housing, lodging, or similar advantage received. Where gratuities are
received by the employee in the course of his employment from a person
other than his employer, the value of such gratuities shall be
determined by the commissioner and be deemed and included as part of his
remuneration paid by his employer.
  2. Exclusions. Remuneration does not include:
  (a) The amount of any payment made to, or on behalf of, any employee
or any of his dependents under a plan or system established by an
employer which makes provision for his employees generally, or for such
employees and their dependents, or for a class or classes of his
employees, or for a class or classes of such employees and their
dependents, including any amount paid by an employer for insurance or
annuities, or into a fund, to provide for any such payment, on account
of retirement, or sickness or accident disability, or medical or
hospitalization expenses in connection with sickness or accident
disability, or death.
  (b) Payment by an employer without deduction from the remuneration of
the employee of the tax imposed upon an employee under the federal
insurance contributions act.
  (c) Any payment made to an employee, including any amount paid by an
employer for insurance or annuities, or into a fund, to provide for any
such payment, on account of retirement.
  (d) Any payment on account of sickness or accident disability, or
medical or hospitalization expenses in connection with sickness or
accident disability, made by an employer to, or on behalf of, an
employee after the expiration of six calendar months following the last
calendar month in which the employee worked for such employer.
  (e) Any payment made to, or on behalf of, an employee or his
beneficiary from or to a trust described in section four hundred one (a)
of the federal internal revenue code which is exempt from tax under
section five hundred one (a) of such code at the time of such payment
unless such payment is made to an employee of the trust as remuneration
for services rendered as such employee and not as a beneficiary of the
trust, or under or to an annuity plan which, at the time of such
payment, meets the requirements of section four hundred one (a) (3),
(4), (5), and (6) of such code.
  (f) Compensation paid in any medium other than cash to an employee for
service not in the course of the employer's trade or business.
  (g) Any payment, other than vacation or sick pay, made to an employee
after the month in which he attains the age of sixty-five, if he did not
work for the employer in the period for which such payment is made.
  (h) Dismissal payments.
  (i) Any payment made by an employer who is not liable for
contributions under this article or for payments in lieu of
contributions.