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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I have been employed with a company 8 months. It

Customer Question

I have been employed with a company for about 8 months. It has come to my attention that I have been being overpaid since my hire. I live in Arkansas. My employer wants to withhold money every week from my check until the amount is paid back. Can they legally do this?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 5 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. Arkansas does not have any laws which expressly limit an employer's ability to deduct from an employee's earned wages. So, most likely the only limitation is the federal limitation which requires employees to receive at least minimum wage for each pay period. Since you were being overpaid, you were essentially getting an advance on your actual earned wages, so in theory the deductions aren't actually "deductions" at all, they are just repayments on an advance. You can always quit to prevent your wages from being deducted, but if you do that your employer could simply sue you to get back what they are owed. Therefore, the best course of action, which is both the employee and employer's interest in these circumstances, is to negotiate some sort of repayment plan. Perhaps you can get your employer to agree to a smaller monthly deduction. That would typically be the best solution under the circumstances you describe. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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