Employee was paid more than they should have

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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

Answers:

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

Answered 4 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. 


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