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  • overpayment California

    I was hired at my job back in 2002 and I transferred to the position I am in now in 2003. apparently on the original transfer request the job title and the pay code did not match which they admitted was their fault. but I have been doing the job of the higher pay code this whole time and my previous boss told me that my pay was correct and to not worry about it. I have also been evaluated on doing this particular job. and now after 4 yrs they are telling me that I have been over paid. they sent me a letter saying at first that I owe $6300. they had me fax this letter back to HR and then they said they made another mistake and they didn't go back far enough and I owe them anywhere from $12-20k. I did read on your web site that if the employer made the mistake they can not collect back from the employee. I am also union but they are not helping me at all.
    I was also told that it is illegal for someone to go into your file and change your title with out your permission. and just within this last year someone has gone into my file and try to change my title six times with in this last year.
    please help or if you cant please send me info on where i can go thank you so much

  • #2
    Originally posted by CRodriguez2 View Post
    I was also told that it is illegal for someone to go into your file and change your title with out your permission. and just within this last year someone has gone into my file and try to change my title six times with in this last year.
    Job titles are legally meaningless and you are not going to find a law or rule supporting the statement you made.

    Originally posted by CRodriguez2 View Post
    I was hired at my job back in 2002 and I transferred to the position I am in now in 2003. apparently on the original transfer request the job title and the pay code did not match which they admitted was their fault. but I have been doing the job of the higher pay code this whole time and my previous boss told me that my pay was correct and to not worry about it. I have also been evaluated on doing this particular job. and now after 4 yrs they are telling me that I have been over paid. they sent me a letter saying at first that I owe $6300. they had me fax this letter back to HR and then they said they made another mistake and they didn't go back far enough and I owe them anywhere from $12-20k. I did read on your web site that if the employer made the mistake they can not collect back from the employee.
    Regarding your other issue, California is complicated. CA law is the Labor Code. I have read other postings specifically referencing CA labor code sections 203 and 224 in relation to your issue. I find the actual language in the labor code less then clear on this issue, but the State of California does not agree with me. The webpointer is to a PDF which contains an opinion letter on the subject. The key quote is at the top of the first full paragraph on page 3. Specifically, "If an employer deducts any portion of an employee's paycheck because the employer previously overpaid the employee, DLSE would view the deduction as unlawful".

    http://www.dir.ca.gov/dlse/opinions/1999-09-22-1.pdf

    Now this is one opinion letter only, and opinion letters are only directly valid for the employer who requested it, but are generally taken as suggestive assuming the issues and facts remain very similar. I also checked the CA-DLSE Enforcement Manual, but do not see this issue discussed. I do not know if that means that CA-DLSE has no other opinion on the subject other then this letter, or just that their filing is not very current. The FAQ page on deductions has wording that could be taken as consistent with this letter, but also could be taken as meaning something else.

    http://www.dir.ca.gov/dlse/FAQ_Deductions.htm

    1. Q. What can my employer lawfully deduct from my wages?

    A. Under California law, an employer may lawfully deduct the following from an employee’s wages:
    - Deductions that are required of the employer by federal or state law, such as income taxes or garnishments.
    - Deductions expressly authorized in writing by the employee to cover insurance premiums, hospital or medical dues or other deductions not amounting to a rebate or deduction from the wage paid to the employee.
    - Deductions authorized by a collective bargaining or wage agreement, specifically to cover health and welfare or pension payments.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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