A bookkeeper discovers the company overpaid an employee $300 in a prior paycheck due to a clerical error. What is the lawful way to recover the money in California?
Explanation
Labor Code §221 makes it unlawful for an employer to collect back wages already paid, so a unilateral deduction is unlawful however thinly it is spread — over one paycheck or over two. Section 224 permits a deduction only where state or federal law requires it or where the employee expressly authorizes it in writing, which is why voluntary written authorization, or simply asking for repayment outside payroll, is the lawful route. Reaching into accrued vacation fails for the same reason: vested vacation is wages under §227.3, not a reserve the employer may draw on.
Law Reference: Labor Code §221, §224, §227.3This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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