May an employer recoup an inadvertent overpayment of overtime pay in one pay period by not paying the employee for overtime actually worked in the next pay period?
Author: Alice Gilman
No. If an employer mistakenly pays overtime to a nonexempt employee in a pay period in which the employee did not work overtime, the employer may not recoup the overpayment in the following pay period by not paying the employee for overtime actually worked in that following pay period. The employee must be paid for every hour worked in that following week.