Employee was paid more than they should have

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Employee was paid more than they should have

we have an employee whos schedule was
830-430. It was indicated that the employee
would be paid 7.5 hours a day and is entitled to
a .5 hour unpaid lunch. If the employee was
accidentally paid for 8 hours vs 7.5 what can
the employer do? This has happened for a few
weeks. The time sheet that was handed in
didnt indicate the in/out time for lunch. Are we
out that extra money paid to them or is there
recourse? This is in the state of NY.

Asked on December 2, 2017 under Employment Labor Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have the right to be reimbursed for the accidental overpayment as to allow the worker to keep it would constitute "unjust enrichment". You can work out repayment arrangments with the employee in question. If they refuse to repay the overage then you can sue them in small claims court and/or terminate their employment (assuming they have no protection under the terms of any employment contract or union agreement). However, you cannot make any automatic deductions for the mistaken overpaymnt, at least not without the employee's permission. That is unless state law allows for such a unilateral dedudction. At ths point, you can consult directly with a local employment law attorney as they can best advise you further. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption