EmploymentQuestion 237 of 1605
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?
a.Deduct the full $300 from the next paycheck without notice
b.Obtain the employee's voluntary written authorization or seek repayment outside of payroll
c.Deduct it automatically over the next two pay periods
d.Withhold it from the employee's accrued vacation balance
Explanation
Labor Code §221 prohibits employers from making unilateral wage deductions, even to recover an overpayment. The employer must obtain the employee's voluntary, informed written consent or pursue repayment through other lawful means.
Law Reference: Labor Code §221Practice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)