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What Should You Do If You Overpay an Employee? Let's start with the basics: According to the Fair Labor Standards Act (FLSA), employers that make a one-time overpayment to an employee can recoup the overpayment by deducting that amount from the employee's next paycheck. (Keep in mind state regulations can differ.)

Yup. Both state and federal labor and employment laws give employers the right to garnish an employee's wages \u2014 subtract chunks from a worker's paycheck \u2014 in cases of overpayment. The federal law, known as the Fair Labor Standards Act, is notoriously weak on worker protections when it comes to garnishing wages.

Under the Federal Labor Standards Act (FLSA) - the federal law governing wage and hour issues - employers can deduct the full amount of overpayments to employees, even if doing so would bring the employee's wages below minimum wage for the pay period.

Repayment for wages received in error in a prior year must be reported on Form 941X to recover the social security and Medicare taxes. Forms W-2c/W-3c must also be filed with the SSA to correct social security and Medicare wages and taxes.

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