California Law regarding Salary overpayments for certificated employees

[Concerned33]

What is the name of your state (only U.S. law)? CA

Does anyone here know of any case law, Statutes/regulations that govern procedures regarding recouping salary overpayments made to teachers in a K-12 School District in California? Union contract does not address this issue. Any guidance would be helpful....

 

[swalsh411]

This is a good DLSE opinion letter regarding overpayment of wages in CA. It states that employers may generally recoup these overpayments provided these conditions are met: (1) the deduction cannot cause the employee to earn less than the Minimum Wage; (2) the deduction is expressly authorized by the employee in writing; and (3) the deduction cannot be taken out of an employee’s final paycheck.

http://www.dir.ca.gov/dlse/opinions/2008-11-25-1.pdf