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  • Wage overpayment/repayment. Oklahoma

    Hello,

    For the last few months my employer has been paying me the wrong amount, I changed all of my benefits elections within the past year and all of my paychecks to date have been either the same, or around the same amount. I receive direct deposit and I do not look at my pay stubs.

    My questions is of the legality of my employer deducting 100% of my check for repayment of these wages? In some states there is a limit (15% for example) for the employer to be able to recoup from a single check.

    I also did not note that I was not informed of the deduction, and it was not so nice to see a deposit of basically nothing on my bank statement.

    I do not dispute that the wages are owed, but is it legal/ethical for them to do something like this without at least notifying the employee?

  • #2
    You really should look at your pay stubs.

    Oklahoma -
    380:30-1-7. Work without pay and deductions

    (a) No employer shall require or permit an employee, as a condition of securing or retaining employment, to work without monetary compensation.

    (b) The term "deductions," as used in 40 O.S., § 165.1 et seq., is defined as any and all sum(s) of money withheld by the employer from an employee’s wages. The scope of the term includes, but is not limited to, amounts withheld for FICA, Federal and State income tax, Medicare and garnishments.

    (c) No employer shall deduct any amount from an employee’s wages, unless legislation or a court order mandates such, or unless such deduction is made pursuant to the provisions of this section.

    (d) It is permissible for an employer and employee to voluntarily enter into a

    payroll deduction agreement, including deductions for the following purposes:

    (1) To allow the employee to repay a loan or advance which the employer made to the employee during the course of and within the scope of employment, or to allow for recovery of payroll overpayment as provided in this subchaper;

    (2) To compensate the employer for the value of the employer’s merchandise or uniforms purchased by the employee;

    (3) To provide payment for medical, accident, disability, or retirement benefits, or insurance premiums, not including worker’s compensation or unemployment;

    (4) To provide for contributions to a deferred compensation plan or other investment plan provided by the employer as a benefit to the employee;

    (5) To compensate the employer for breakage or loss of merchandise, inventory shortage, or cash shortage caused by the employee; where the employee was the sole party responsible for the cash or items damaged or lost, at the time the damage or loss occurred.

    (e) Any payroll deduction agreement made pursuant to subsection (d) must be in

    writing, and signed by the employer and employee. For purposes of these rules, the words "loan" and "advance" mean a transfer of money with a provision for repayment.

    (f) Pursuant to the authority granted in 40 O.S. § 1 and § 165.7, the Commissioner shall have the authority to investigate, hold hearings, subpoena witnesses, administer oaths, take testimony, and/or order production of any document or financial statement in relation to any violation of this rule. The Commissioner may issue Cease and Desist Orders to compel compliance with this rule.
    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

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    • #3
      You don't get to benefit from your employer's mistake and your failure to perform due diligence in reviewing your pay stub. If you enrolled in insurance for XX deductions and was deducted XX minus something, you authorized the proper deduction, even though it was not actually made, and the employer is allowed to correct his error.

      Oklahoma does not have such a provision that you mention. The fact that you never looked at your pay stub is going to be to your disadvantage in trying to work out a repayment plan.

      Of course they should have notified you, that's just good customer service. However, you also should have notified them that there were ongoing errors. Lose-Lose, here.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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