California Employment Law
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It was a wage overpayment deposited into the account of the employee. We are looking at deducting the payment BUT the question is if we can just deduct the amount.
In my past encounters with legal counsel on this issue it has always been noted that in order to deduct money from an employee we need authorization to reduce current wages. The overpayment is done ( duplicate pay) and now we want to recoupe the amount back from the employee. We have also been advise ( or I have) that we cannot take them below the state min wage for current work performed as well.
I need to know is the direct deposit form a sound document that allow us to deduct from wages. I dont believe so at this point and we still would need to find out if the employee even has enough there. The basic question is whether we can reduce current wages with a deduction without authorization.
Hello .. it is not a duplicate of current wages it is a duplicate of past wages paid. What are the rules around this for past wages not current wages it is clerical error but my question is around the deduction of wages ..
also can you set an employee below min wage by doing so and violate min wage payment rules.
Thanks again Joseph ... yes past wages were paid twice ... wages were paid in March 2012 by cutting two checks ... one was supposed to be stopped and it wasnt and the employee cashed them both.