The federal Fair Labor Standards Act (1938) give companies the legal right to garnish an employee’s wages to reclaim overpayments. It is illegal for a California company to garnish your wages to recover overpayments.

What are my rights if my employer overpaid me?

Where an employer has made an accidental overpayment of wages/salary or expenses (including holiday pay) to an employee, the employer can legally recover this overpayment from an employee by deducting the overpaid amount from future wages or salary (or any money due to the employee if they leave).

What happens if an employer has overpaid an employee?

Access unlimited legal advice without the worry of costs with our Triple A support. The general rule is that if an employer has overpaid an employee, even though this is often the employer’s responsibility, the overpayment of wages will still need to be repaid.

When do you get an overpayment of wages?

In particular, in circumstances where an employee no longer works for the employer, the employer will no longer have the option to make a direct deduction from the employee’s wages. In fact, in many cases, an overpayment of wages can occur in calculating the employee’s final salary.

Is there a way to recover overpaid wages?

How to recover overpaid wages An employer does not need an employee’s 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 individual’s contract of employment to do so.

Can a company claim constructive dismissal for overpayment?

Recovering an overpayment without first notifying the employee, or doing so in a way that causes hardship could be a breach of the implied trust and confidence between employer and employee. That breach could be a sufficient reason to claim constructive dismissal.