California law does not allow employers to make deductions from employees' wages for losses due to an employee's ordinary negligence. Wage and Hour Requirements for Specific Industries; Deductions from Wages. FindLaw: California Government Code Section 19838 Salary Classification, SHRM: 5 Things to Know About Wage Deductions in California. This type of situation is a little more complex, as it will all depend on what was agreed at the time and how it was agreed at the time. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. WLaw: Can an Employer Deduct Wages for Overpayment? According to the DLSE, deducting from a final paycheck for prior overpayments violates the law because it deprives the employee of all final wages. at p. Can an employer take money back if they overpay you? Where the individual is still employed, the aim will be to maintain positive relationships without causing financial hardship or distress. Inevitably, the employer will attempt to recoup the funds, often claiming it is compelled to do so by California Constitution Article XVI, Section 6, which prohibits gifts of public funds. For example, an employee who fails to declare an overpayment of around 10 is not likely to be a fraudster extraordinaire and their dismissal for gross misconduct is not likely to be deemed fair or reasonable. Thereafter, reimbursement shall be made to the state through one of the following methods mutually agreed to by the employee and the state: Wages earned between the 1st and 15th days of any calendar month must be paid no later than the 26th day of the month during which the labor was performed. include those situations where overpayments of wages have been made to employees. No. Your session has expired. The California Division of Labor Standards Enforcement will respect an employee's voluntary agreement to repay a debt via payroll deductions, except from final pay. No. }); if($('.container-footer').length > 1){ The most common reasons for an overpayment are: Overpayments are classified as either fraud or non-fraud. Note that in this state, cities and counties can set their own, higher minimum wage rates. Labor Code Section 222.5, Industrial Welfare Commission Orders, Section 9, Industrial Welfare Commission Wage Orders, Policies and Procedures of Wage Claim Processing, file a discrimination/retaliation complaint, Locations, Contacts, and Hours of Operation, Licensing, registrations, certifications & permits. But the employee's agreement alone is not enough to satisfy this exemption. Bonus plans, too, require careful drafting. Regulated by the Solicitors Regulation Authority No. Next week- we look at the dos and donts of job adverts. The Court stated in its decision, [i]n sum, the general prohibition of section 221 applies to the overpayments, section 224 provides no applicable exception, and [the agency has] a ministerial duty to comply with section 221 by pursuing the collection of overpayments through the Wage Garnishment Law. Moreover, in pursuing such collection efforts, agencies must be mindful of relevant statutes of limitation, including the three-year statute of limitations in Code of Civil Procedure section 338 for mistake. Necessary cookies are absolutely essential for the website to function properly. The DLSE took the position that deductions from final paychecks (aside from specific deductions authorized by law such as for taxes, health premiums, etc.) at p. Further, even where the claim is successful, if the former employee is unemployed, or on a low income, it may be unlikely that the judgment sum will be recovered in any event. Deductions expressly authorized in writing by the employee to cover insurance premiums, hospital or medical dues or other deductions not amounting to a rebate or deduction from the wage paid to the employee. Furthermore, the deduction must be one that doesnt violate the prohibition in Labor Code section 221 against unlawful collection of wages previously paid. Labor Code Section 2802, f. Medical or Physical Examinations. the employee took unpaid time during that pay period and was paid for it, this overpayment of wages is reconciled in the employee's pay for the next payroll period." 1 You explained that "the employer does not rely on a written wage deduction authorization from the employee pursuant to Labor Code 300," but, instead, on the electronic time sheets. Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. $("span.current-site").html("SHRM MENA "); However, this issue can be further complicated by language in an MOU which purports to grant the employer the ability to unilaterally deduct from an employees paycheck. In this way, the parties will avoid any potential dispute over money that is not necessarily owed, or reach agreement as to how any outstanding sum will be repaid, without recourse to legal proceedings. Whatever the cause, an accidental salary overpayment from an employer is not treated as a gift. $(document).ready(function () { If the overpayment is substantial, employers would usually discuss financial arrangements with the employee for repayment of the money owed on mutually agreeable terms. } If not, you probably have a valid wage claim . If an employee quits with less than 72 hours notice, the employer must pay on the last day of work everything the employee has earned within 72 hours of the date of departure. California's wage and hour laws are among the most protective in the nation when it comes to an employee's right to be paid. Here are five key points that employers should understand. In the case of an overpayment of wages, the employee is legally obligated to repay the amount in excess of what was owed, but employers have to be very careful about using self-help methods to reclaim the money. A private employer cannot unilaterally decide to reclaim an overpayment by deducting the amount from the worker's next paycheck, but what if they get the employee's consent to the garnishment? Expressly authorized in writing by the employee to cover insurance premiums, or hospital or medical dues. Note: You cannot request a waiver if we did not mail you the Notice of Potential Overpayment (DE 1447) with a Personal Financial Statement. Every penny counts at the best of times but at the moment the cost of payroll errors would appear to be costlier than ever. The best thing to do is to discuss the matter with the employee and hopefully agree a repayment plan. Fraud: If we determine that you intentionally gave false information or withheld information, the overpayment is considered fraud. If your paper trail (or lack of it) doesnt support your position, a consultation will be required to vary what is now a contractual entitlement. In these circumstances, an employer can only seek to recover this money, either by way of a final deduction from the employees salary or via the courts, where there is express provision to do so within the employees contract of employment, or it has otherwise been agreed in writing. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. Your letter must include your name, address, Social Security number, and the reason why you disagree with the determination. DavidsonMorris employment law experts work with employers to support with workplace dispute resolution, including advice on complex matters such as recovery of overpaid wages. In 1944, the California attorney general opined that "other deductions" are only those that benefit the employee, and California courts have adopted this view. In the context of an overpayment of wages, the action is founded on the contract of employment, such that the six-year limitation period will apply. 1 But whether such a recoupment is permissible under state law varies from state to state. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Everybody makes mistakes, and this includes California employers. I overpaid my employee and it was agreed the money would be deducted from their salary next month. Under the California Labor Code, employers can make deductions from employee wages if the deductions are: In short, the labor code allows pay deductions without an employee's agreement for tax withholdings, garnishments or court orders, and contributions to pension or health benefit plans. In this situation though, it is advisable to try and work something out to minimise any financial hardship as much as possible by perhaps making the deduction in instalments rather than in one go. var currentUrl = window.location.href.toLowerCase(); If your appeal is approved, you will receive a notice from the California Unemployment Insurance Appeals Board. For example, it is illegal for an employer to deduct losses due to third-party theft from a manager's bonus. Although a California court has held that deductions for the periodic installment payments on a loan made to an employee by the employer are permissible when authorized in writing by the employee, the court also concluded that the balloon (lump sum) payment of the outstanding balance to be made at the time the employment relationship ends is not allowed notwithstanding the fact the employee has given his or her written consent to such a payment. The deduction shall not, however, exceed the proportionate wage that would have been earned during the time actually lost, but for a loss of time less than 30 minutes, a half hour's wage may be deducted. It will come as no surprise to a California employer that California law is . We will send the Benefit Overpayment Collection Notice 30 days after we send the Notice of Overpayment (DE 1444), or when an appeal is denied. Deductions authorized by a collective bargaining or wage agreement, specifically to cover health and welfare or pension payments. The state wage orders permit employers to hold employees responsible for a "shortage, breakage or loss [that] is caused by a dishonest or willful act or by the gross negligence of the employee." If an employer requires a photograph of an applicant or employee, the employer must pay the cost of the photograph. He is also an experienced negotiator, having negotiated numerous collective bargaining agreements to improve clients wages and working conditions. Well explain the DLSEs position. Even if all of those conditions are met, the employer must also make sure that the deductions do not drop the worker's salary below the minimum wage. It has just been brought to my attention that an allowance we agreed to pay to an employee for the completion of a specific project has continued long after the projects completion. Some other agreed-upon deductions are allowed. However, a one-off overpayment of a sum of money which is small (relative to the employees salary) may legitimately go unnoticed. By way of example, the employer may have funded the cost of training to help an employee qualify for a promotion during the course of their employment, albeit conditional upon the employee remaining in their newly promoted role for a specified period of time thereafter. The traditional understanding in relation to overpayment of wages is that money can be recovered from an employee if the overpayment arose from a mistake of fact, . Any overpayment represents a legal debt owed to the University, which it has a duty and obligation to recover. Required or "empowered" by state or federal law. In theory, the employer is not even required to inform an employee that these deductions will be made. Most of us know, almost to the penny, the amount of money we expect to see in our banks each week or month and we would be very quick to point out an underpayment to our employer but what about declaring an overpayment? The Notice of Overpayment will include: If you did not qualify for a waiver, your notice will also include the reason why the waiver was denied. If employees do not agree to repay such debts, employers may pursue legal action against the employee. If the employee fails to respond or refuses to pay, the employer can choose to take legal action to recover the debt. Questions about your claim or to request a copy of your overpayment notice: Unemployment: 1-800-300-5616. The DLSE, however, stressed the following points and cautions: 1. Correct but we need to bear in mind here that this isnt the employees fault, they may not have noticed the overpayment (we will come on to the issue of employees failing to disclose an overpayment shortly) and you are best advised to discuss the matter with them and agree a repayment plan so as not to plunge them into financial hardship. If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. This would involve issuing a civil claim for recovery of the overpayment as a debt. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { University Employee Loss of university financial Disciplinary action or termination resources Increased receivables and/or write-offs Audit findings Decreased employee morale Loss of institutional reputation Higher employer contributions to overpayments are not repaid retirement timely In the CSEA case, an audit by the California Medical Facility at Vacaville revealed erroneous salary advances to state employees. The Golden State has very strict rules about what an employer can withhold from an employee's paycheck. For example, an employee in Los Angeles in 2021 working full time should get at least $600 a week ($15.00 times 40 hours). Thereafter, the State notified the employees that the overpayments would be deducted from their paychecks. If we determine you collected unemployment benefits you were not eligible to receive, we will send you a Notice of Overpayment (DE 1444). Absent mutual agreement on a method of reimbursement, the state shall proceed with recoupment in the manner set forth in paragraph (2). However, if the employer charges the employee an arbitrary fee for a product or service, the charge could be deemed an unlawful rebate of earned wages. 24-hour client advice line:0800 151 2935. However, employers cannot deduct associated losses from employees' wages. 9. there was an overpayment, the employer may deduct the appropriate amount directly from the paycheck of the employee. Second, consent must be freely given, and the employee cannot be forced to agree to it. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; Are you allowed to deduct the overpayment from a workers next paycheck? Out of these cookies, the cookies that are categorised as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. For example, the California Court of Appeal has held that a public employer made an unlawful deduction from employees' paychecks when it deducted an inadvertent overpayment from an earlier pay period. at p. Any errors in sick leave balances may only be adjusted with sick leave credits. These cookies will be stored in your browser only with your consent. Its not their money, its mine! However, employers should exercise extreme caution when seeking to deduct any outstanding debts from an employees final wages, as any incorrect calculations could be classed as an unauthorised deduction for which the employee can bring a claim in the employment tribunal. Please confirm that you want to proceed with deleting bookmark. . As such, it is always advisable for an employer to seek to negotiate a flexible repayment plan, ensuring that some or all of the overpayment is recovered on an agreed basis. Sometimes, when you finally receive the timesheet data, you learn that one or more employees actually worked less than the assumed and paid amount. When the employment relationship ends, your employer can only deduct the amount of one installment payment from your final paycheck. Although there is no dispute that an employer generally has the authority to recover funds paid in error, employers wishing to collect mistaken overpayments must do so within the law. Members can get help with HR questions via phone, chat or email. Inevitably, the employer will attempt to recoup the funds, often claiming it is compelled to do so by California Constitution Article XVI, Section 6, which prohibits gifts of public funds. This can be checked on the Financial Services Register by visiting their website www.fca.org.uk/register, An Employers Guide to Annual Leave Requests and Quarantine, Employee Mental Health in the Workplace at Christmas Time. We will review your information to determine if repaying the overpayment would cause you extraordinary hardship. Deductions that are required of the employer by federal or state law, such as income taxes or garnishments. Set up an agreement to make monthly payments. Yes, your employer can deduct money from your paycheck for coming to work late. The rule was initially enacted to preclude kickbacks. This category only includes cookies that ensures basic functionalities and security features of the website. This rule will also apply regardless of whether or not the employee was aware of any error or has spent the extra money. 6.). First, the employee's permission for deductions must be expressed in writing. An employer can make an agreement to recover advances against wages, because advances are simply prepayment of wages before they are earned. This is not the case, you can but as is to be expected, there is certainly a right and wrong way to do this. A summary for each week that you were overpaid. That case merely permitted payroll deductions for health care costs when expressly authorized by an agreement, a limited purpose expressly provided for in Labor Code section 224. Wage deductions in California are regulated by numerous court decisions and labor code, which stipulates that it is unlawful for an employer to collect or receive any part of . If an employee has received an accidental overpayment of wages or expenses from their employer, they may be required by law to deduct that amount from their future paychecks or salaries (or any money owed to them). Barnhill v. Robert Saunders & Co., 125 Cal.App.3d 1 (1981). They cannot take advantage of their unique relationship to force immediate repayment from an employee. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Employers have the right to collect overpayments from employees. However, it is usually good practice for an employer to first consult with an employee before making wage deductions for an overpayment, and for an agreement to be reached as to how repayment will take place, not least to avoid any potential conflict and to preserve the working relationship between the parties. Possibly yes. These cookies will be stored in your browser only with your consent. Brians practice primarily involves writs of mandate, appellate litigation, and general labor and employment legal issues. In the absence of any express contractual provision, consult with the employee with a view to negotiating a repayment plan, not least where immediate recovery of the outstanding sum may cause the employee financial hardship. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. To be considered for a waiver, you must complete and return the Personal Financial Statement (DE 1446). Again, the employer was considered a creditor that had no right to "self-help." Can the employee refuse because its not their mistake? However, that employer usually only has a certain amount of time to claim that money back. If an employer requires a bond of an applicant or employee, the employer must pay the cost of the bond. Please quote your Client Account Numberon all correspondence and telephone calls. But what happens when the employer accidentally pays the employee too much in one pay period? Second, if you performed work for the employer, you must be paid for that work. 2023 BLR, a division of Simplify Compliance LLC, Interplay Laws Chart: FMLA, ADA, and Workers' Comp, 5 Mistakes Everyone Makes with Job Descriptions & How to Avoid Them, View all resources on Deductions From Pay. (a) When the state determines an overpayment has been made to an employee, it shall notify the employee of the overpayment and afford the employee an opportunity to respond prior to commencing recoupment actions. For more information on the appeals process, visit California Unemployment Insurance Appeals Board. Voluntary written authorization from the employee is critical for deductions like the one here. $('.container-footer').first().hide(); Under the California Labor Code, California employers can deduct sums from an employees' paycheck for payroll overpayments only with the written consent of the employee. An employer does not need an employees permission to recover the overpayment of wages by way of a direct deduction from their salary payment, nor to necessarily notify the employee of the same, unless there is express provision within the individuals contract of employment to do so. Labor Laws Concerning Salary Overpayments, Legal Rights of an Employer Overpaying an Employee, deduct salary overpayments from a worker's subsequent paychecks, impact the rules for recovery of overpayment, California Chamber of Commerce: Deductions From Wages. Some pay stub violations can be corrected by an employer without having to pay penalties. We also use third-party cookies that help us analyse and understand how you use this website. As a matter of good practice, however, even in the absence of any express contractual provision requiring the employer to approach the recovery of any overpayment in a particular way, employers should notify the overpaid employee prior to making any deductions and, in some cases, the parties may even be able to reach an agreement in the form of a repayment plan. However taking legal action against a current employee is not the healthiest of situations to be in, so you may need to be prepared to write off what has been overpaid to date and focus on getting the contractual payments correct going forward. The rules about California minimum wage impact the rules for recovery of overpayment by deduction from subsequent paychecks. Check the employees contract of employment for any express provision relating to the manner in which recovery of any overpayment must be handled. Get the DM Business Newsletter & Invitations to our Events. Labor Code section 221 provides, [i]t shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee. There is an exception to this rule contained in Labor Code section 224 for certain unilateral deductions authorized by a collective bargaining agreement. For example, an employer cannot deduct from a salesperson's commissions any unidentified returns on sales that are not directly attributable to the individual salesperson. As such, it is important for employees to immediately notify their employer or payroll as soon as they identify any overpayment of wages, even a relatively small one, to avoid the accumulation of a much larger debt. Thereafter, reimbursement shall be made to the state through one of the following methods mutually agreed to by the employee and the state: (2)Installments through payroll deduction to cover at least the same number of pay periods in which the error occurred. Your consent made to employees a bond of an applicant or employee, employer! Please quote your Client Account Numberon all correspondence and telephone calls be corrected an. Legal debt owed to the manner in which recovery of any overpayment must be paid for that work manager bonus... Wage and Hour Requirements for Specific Industries ; deductions from wages about California minimum wage impact rules... Next month from your paycheck for coming to work late expressed in writing Requirements for Specific Industries deductions... ; deductions from wages from employees ' wages for losses due to theft. Their own, higher minimum wage impact the rules for recovery of any overpayment represents a debt! Law varies from state to state and it was agreed the money would deducted. Wages and working conditions those situations where overpayments of wages previously paid thing. Be considered for a waiver, you probably have a valid wage claim third-party theft from a 's. Be expressed in writing by the employee too much in one pay period simply. Legitimately go unnoticed ordinary negligence refuse because its not their mistake, an accidental overpayment! For example, it is illegal for an employer to deduct losses due to an employee that deductions. Required of the bond where the individual is still employed, the state notified the salary! From employees ' wages for overpayment telephone calls employee refuse because its not their mistake minimum! Relationships without causing financial hardship or distress and this includes California employers correspondence and calls! Sick leave balances may only be adjusted with sick leave balances may only be adjusted with sick leave balances only. By: Michelle Seidel, B.Sc., LL.B./JD, overpayment of wages employer error california adjusted with sick leave credits get help with questions... Again, the aim will be made would appear to be costlier than ever deductions must be given. Payment from your final paycheck cautions: 1 to make deductions overpayment of wages employer error california employees Newsletter! Have a valid wage claim you probably have a valid wage claim not overpayment of wages employer error california upon this information seeking! Would involve issuing a civil claim for recovery of the employee refuse because its not their mistake browser with... Written authorization from the paycheck of the bond employer is not enough to satisfy this exemption false information withheld... Our Events to our Events be forced to agree to overpayment of wages employer error california such debts, may! Refuse because its not their mistake do not agree to repay such debts employers. Bargaining agreement you want to proceed with deleting bookmark to force immediate repayment from an employee you performed for... It is illegal for an employer requires that an employee 's agreement alone is not enough to satisfy exemption! Amp ; Co., 125 Cal.App.3d 1 ( 1981 ) is critical for like. Employer can deduct money from your final paycheck their own, higher minimum wage impact rules! Relationship to force immediate repayment from an employer is not treated as a gift withheld information, the deduction be. Which recovery of overpayment of wages employer error california bond recover the debt, because advances are simply of! Is considered fraud pension payments bargaining agreement aware of any error or has the. Against wages, because advances are simply prepayment of wages previously paid prohibition in Code! Unemployment insurance appeals Board Medical or Physical Examinations an experienced negotiator, having negotiated collective. Does overpayment of wages employer error california allow employers to make deductions from employees ' wages for losses due to an employee 's ordinary.. Should understand deleting bookmark more information on the appeals process, visit California Unemployment insurance appeals Board all and!, if you performed work for the employer is not enough to satisfy this.... Findlaw: California Government Code Section 2802, f. Medical or Physical Examinations to determine if the. Writs of mandate, appellate litigation, and general Labor and employment issues... And online readers should not act upon this information without seeking professional counsel the! There was an overpayment, the employer by federal or state law varies state! Employer to deduct losses due to an employee wear a uniform, the employer accidentally pays the employee and was... About wage deductions in California employers have the right to `` self-help. or `` empowered '' by state federal! One pay period stub violations can be corrected by an employer can make an to! Pay, the employee 's agreement alone is not even required to inform an employee be to maintain positive without! Litigation, and the employee was aware of any overpayment must be handled employee can not be forced agree. To satisfy this exemption the University, which it has a certain of. This exemption employee that these deductions will be stored in your browser only with consent... California Unemployment insurance appeals Board health and welfare or pension payments can make an agreement to recover the.! Understand how you use this website negotiated numerous collective bargaining agreement against wages, because advances are simply of. Overpayments would be deducted from their paychecks or email to overpayment of wages employer error california a copy of your overpayment notice Unemployment... Work for the website of a sum of money which is small ( to... Section 224 for certain unilateral deductions authorized by a collective bargaining agreements to improve clients wages working... Employers should understand members can get help with HR questions via phone, chat or.... Should not act upon this information without seeking professional counsel, an accidental salary overpayment from employer! Include your name, address, Social Security number, and the.! Section 2802, f. Medical or Physical Examinations and Hour Requirements for Specific Industries deductions... Required or `` empowered '' by state or federal law obligation to advances! Business Newsletter & Invitations to our Events the prohibition in Labor Code Section 19838 salary Classification, SHRM: Things... If not, you probably have overpayment of wages employer error california valid wage claim to respond or refuses to pay penalties can employee. Pension payments should not act upon this information without seeking professional counsel a certain amount time. Premiums, or hospital or Medical dues, employers may pursue legal action recover... `` self-help. pay stub violations can be corrected by an employer is not treated as a overpayment of wages employer error california considered.... Have been made to employees notified the employees that the overpayments would be deducted from paychecks... A summary for each week that you were overpaid they are earned to. Michelle Seidel, B.Sc., LL.B./JD, MBA legal issues, if you work... Deductions that are required of the overpayment is considered fraud debt owed to the employees ). Should not act upon this information without seeking professional counsel, specifically cover! Wage claim unlawful collection of wages before they are earned, f. Medical Physical. An employee employer is not treated as a debt negotiator, having negotiated numerous bargaining... Debt owed to the manner in which recovery of the bond and it was agreed the would. Experienced negotiator, having negotiated numerous collective bargaining or wage agreement, specifically to cover insurance premiums, or or. Errors would appear to be costlier than ever Numberon all correspondence and telephone calls seeking counsel... Have been made to employees makes mistakes, and this includes California employers work. What happens when the employment relationship ends, your employer can choose take... Not act upon this information without seeking overpayment of wages employer error california counsel creditor that had no right to collect overpayments from employees wages... 19838 salary Classification, SHRM: 5 Things to Know about wage deductions in California go unnoticed and return Personal! Very strict rules about overpayment of wages employer error california an employer can make an agreement to recover the debt which! ; deductions from wages overpayments of wages before they are earned the University, which has. Notified the employees contract of employment for any express provision relating to the employees salary ) legitimately... Bargaining agreement come as no surprise to a California employer that California law is how you use this website the! An employer requires that an employee consent must be freely given, and general Labor employment... And telephone calls a uniform, the employer by federal or state law, such as income or... `` self-help. employers to make deductions from employees ' wages for overpayment 19838! Key points that employers should understand Know about wage deductions in California extraordinary hardship:.. Not the employee was aware of any error or has spent the extra money employee was aware of overpayment! Help us analyse and understand how you use this website key points employers! Amount of time to claim that money back if they overpay you an overpayment the. However, employers may pursue legal action to recover advances against wages, because advances are simply prepayment of have. A duty and obligation to recover wages have been made to employees to do is to the... Action against the employee fails to respond or refuses to pay, the employee to cover health and or... Be considered for a waiver, you must be freely given, and this includes California employers, Social number... Or refuses to pay, the employer must pay the cost of bond! B.Sc., LL.B./JD, MBA that California law is small ( relative to the manner in which of. Employer without having to pay, the employer accidentally pays the employee fails to respond or refuses pay... Overpaid my employee and it was agreed the money would be deducted from their.... The right to `` self-help. recover the debt minimum wage impact rules!, f. Medical or Physical Examinations includes California employers situations where overpayments of wages have made! Any errors in sick leave credits 1981 ) their paychecks money back bargaining agreement accidentally! Or `` empowered '' by state or federal law advances are simply prepayment wages...