I have worked at my new job for three months now, receiving six paychecks. After my first two, I noticed the amount was larger than expected and confronted my manager. I told her I wanted to make sure I wasn't doing anything wrong and was logging my hours correctly. She informed me everything was fine and that if I did anything wrong, payroll would let me know right away. She also informed me approval of my hours went through her, her manager and payroll and that someone would catch any errors. Additionally, I signed my contract as a salary employee, so I'm not sure why my hours would matter. Either way, they are now telling me they paid me undeserved overtime and that I must pay this back. I've also read I could be at risk of getting fired or sued. Please help.
Your question presents a number of issues.
First,you are correct - if you are salaried, in general your pay cannot depend on the number of hours worked. It is unusual, but not impermissible, for a salaried employee to receive overtime pay. The better question is are they really treating you as an hourly employee (shorting your pay for hours not worked) but claiming that you are exempt from having to be paid overtime when you work more than 40 hours in a week. If this is the case, find a qualified labor attorney right now.
Second, an employer may request an employee repay amounts paid in error. If the employee says "no" he may or may not have to pay it back (see below) but most likely he will be fired.
Third, an employer may not deduct any amounts from an employee's paycheck (including past overpayments, but not including taxes and child support) unless the employee has given written authorization for the deduction. Even then, the deduction may not reduce the employee's wages to an amount below minimum wage. Many employers require employees to sign such authorizations at the beginning of their employment, particularly for things such as lost tools and uniforms. However the authorization must be specific enough to cover the claimed deduction.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.