Overpayment Rules In Phoenix
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FAQ
Arizona law authorizes immediate repayment of any overpaid salary or wages, A.R.S. §23-352(3) Withholding of Wages.
How Long Does an Employer Have to Reclaim an Overpayment? The answer depends on state law. In Washington state, an employer can only make a deduction if the error is detected within 90 days of the overpayment. In California, an employer has three years.
The federal overpayment statute has long required any person who receives an overpayment of Medicare or Medicaid funds to return the overpayment to the appropriate government official or contractor within 60 days after identifying the overpayment (the 60-day return period).
Can You Refuse to Give Back Wages That Were Overpaid? Generally not. One exception is if your employer waits too long to reclaim the overpayment. For example, in California an employer has only three years to make a legal claim regarding an overpayment.
How to correct a payroll overpayment Step 1: Identify the cause of the error. Step 2: Calculate the overpayment amount. Step 3: Get familiar with overpayment laws in your area. Step 4: Determine your options. Step 5: Notify your employee. Step 6: Adjust payroll.
Check if any of the overpayments may be past the 6-year limitation period; the employer cannot compel you to repay these amounts.
23-1501 - Severability of employment relationships; protection from retaliatory discharges; exclusivity of statutory remedies in employment.
Garnishment of Earnings Proposition 209 decreases the portion of a debtor's weekly disposable earnings that is subject to debt collection actions (other than support payments) to the lesser of 10% of disposable earnings, or 60 times the highest applicable federal, state or local minimum wage.
