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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12916
Experience:  Significant experience in all areas of employment law.
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My employer had a payroll glitch and it duplicated a

Customer Question

My employer had a payroll glitch and it duplicated a previous payroll. Nobody told us. Sone were over paid some under. I was paid for 56 hrs but wkd only 32. I found this out when I got my next chk and it was supposed to be for 48 hrs but was for only 24. He said it was a glitch and basically I was advanced money. I said no and got the 24 hrs paid back. I signed a note authorizing a deduction of the 24 hrs on the jan 20th payroll. I got my chk yesterday for the jan 5th payroll which I had 64 hrs but he paid me 30 hrs. Can he do that. Im in california
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I am part time. I assume at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: They also do not pay overtime nor the sick leave law time
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 9 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.

Deductions from earned wages are generally illegal in CA. However, this is not technically a deduction from your earned wages, it is just an offset of a previous advance made by virtue of the overpayment. In short, you were not "harmed" as a result of the adjustment your employer made because you simply got your money sooner than it was actually owed to you. This is a benefit to you, not a harm, and so the law does not prohibit what you describe.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 9 months ago.

As for the overtime and sick leave time, you can file a complaint with the DLSE to get any amounts owed. Also, if you are terminated for missing time from work that should have been covered by the new sick leave law, you may have a claim for wrongful termination.

Customer: replied 9 months ago.
Why do I read everywhere that an employer cannot self help itself to correct a psyroll error without written consent.
Expert:  Patrick, Esq. replied 9 months ago.

I can't really tell you why you've read that other places, but this does illustrate why relying on the internet for legal answers is generally not a good idea.

Expert:  Patrick, Esq. replied 9 months ago.

The fact is you have been paid all of your earned wages, and you actually received such compensation earlier than your employer was legally required to give it to you. So there is no damage, and there is no legal violation. There may, of course, be an issue with overtime and the lack of paid sick leave, though.

Expert:  Patrick, Esq. replied 9 months ago.

Was there anything else I can do to assist you?

Expert:  Patrick, Esq. replied 9 months ago.

I just wanted to follow up because this question is still open and I have not heard back from you. Can you please let me know if you are getting my messages to you?