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Recouping Overpayment, State of New Hampshire

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  • Recouping Overpayment, State of New Hampshire

    What positions are available for an employer to recoup overpayment from an employee, whether the employer was at fault or not?

    Thank you for your time.

  • #2
    I'm not sure what you mean by, what positions are available.

    If you are asking whether the employer has the legal right to recoup an overpayment, the answer is yes, they are.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Are you asking *how* an employer can recoup an overpayment?
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Originally posted by cbg View Post
        I'm not sure what you mean by, what positions are available.

        If you are asking whether the employer has the legal right to recoup an overpayment, the answer is yes, they are.
        Although probably with limitations. The federal DOL issued an opinion letter years ago that stated that overpayments could not be offset against current wages, as that would violate the "salary basis" regulation of the FLSA.

        Better question is, what is causing the employees to be overpaid, and how do you eliminate those errors.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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