Docking employee pay

[WardOffMonkey]

Can an employee's pay be docked for overpaid leave time? A previous payroll clerk paid another employee for several weeks of leave that had not been earned. The payroll clerk has been terminated and there is a criminal investigation for other payroll related discrepencies. Can the employee who remains be docked for the unearned leave hours that were paid until the total amount of the overpayment is recouped by the employer? If so, can this be done even if the employee ends up receiving no net pay?

 

[Green_Hornet]

Its not docking if it is an overpayment. If the employer in error overpays anything he is entitled to full recovery.

 

[cbg]

I do not disagree with GH on this issue as far as his answer goes; however, HOW they may recover the overpayment depends on state law. They may be able to do it by payroll deduction; they may not. I'm also reasonably sure that the employee must receive at least minimum wage times hours worked even if that means making deductions for multiple weeks. Assuming state law allows deductions at all.

If you post your state I can give you more specific information.