Legal Question in Employment Law in California

Boss wants to deduct pay for his mistake in over paying

I work for a small store in California privately owned. For a month I was working at a second location that was just opening and was receiving separate checks because my pay rate was different and the name of the store was different. While I was there the owner made a mistake in everyone�s checks and did not take out the taxes when he wrote the checks. So for 2 months he over paid all the employees. Now that he realized his mistake he wants to take the unpaid taxes out of everyone�s current checks. So for example he wants to take out $100 from each of my next 3 checks until the $298 is paid. So my question is: Can he do this since it was his mistake in the beginning to pay us all the wrong amount?

Thank You


Asked on 5/14/07, 8:44 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Boss wants to deduct pay for his mistake in over paying

If you realize you were incorrectly paid, there should not be an issue...you have to pay back the overpayment. The only question is how. In most instances, an employer cannot resort to self-help by deducting anything other than legally required withholdings from your paycheck, without your consent. But you will have to repay the money somehow, so work out some form of a mutually agreeable payment plan.

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Answered on 5/15/07, 12:26 pm


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