Is it legal to mistakenly overpay an employee on one paycheck, then correct it by taking money out of their next paycheck without telling them?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to mistakenly overpay an employee on one paycheck, then correct it by taking money out of their next paycheck without telling them?

I was told today that I did not get paid for the pay period 6/1-6/15 which had 16 hours on it because I was overpaid the previous pay period. I was told they made a mistake and paid me two vacation days and two personal days instead of one each on my last paycheck. New Link Destination
rectify the situation it was decided to take my next paycheck without my knowledge or permission. Is this legal?

Asked on June 26, 2019 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Federal wage law gives employers quite a bit of discretion to make deductions for accidental overpayments to employees. Under the law, employers can deduct the full amount of overpayments to workers, even if doing so would bring the employee’s wages below minimum wage for the pay period. Further, an employer can do this without first getting consent from the employee or even providing them notice beforehand. Some states do require prior notice. To be certain of the law in TX, you can contact the state depaetment of labor for further information.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption