Does an employer have the right to take an overpayment out of an employees paycheck with out the employee’s consent and not have it listed on the employee’s pay stub?
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Does an employer have the right to take an overpayment out of an employees paycheck with out the employee’s consent and not have it listed on the employee’s pay stub?
My employer claims they overpaid me on several occasions, then decided that they
would take the money out of my paycheck without discussing the matter with me.
Then when receiving my pay stub, it never showed the deduction of wages, they
just took it from my regular hours and showed the difference on the stub.
Asked on November 2, 2017 under Employment Labor Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In PA, the reason for the overpayment matters. While typically an overpayment may not be deducted from an worker's wages without their consent, if the over payment had to do with an something authorized by and for the convenience of employees, then it would be legal. For example, contributions to and recovery of overpayments under employee welfare and pension plans subject to the Federal Welfare and Pension Plans Disclosure Act. Otherwise, deductions are not legal. That having been said, this doesn't mean that you don't owe your employer money. You may. If so, then it can sue you in small claims court or work out a repayment arrangement with you (if you refuse then you may be terminated subject to provisions in any applicable employment or union agreement).
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