What to Do If an Employer Made a Mistake on Your Paycheck (2024)

• Dec.06.2023

Discovering a paycheck discrepancy can be distressing. If you had this experience, you’ve probably wondered, “if my employer made a mistake on my paycheck, what do I do?”

Your initial step should be to calmly review the details on your pay stub. Try to identify the specific reason for the inconsistency—whether in the hours worked, the rate of pay, or deductions.

Once you pinpoint the error, the next step is to promptly report the mistake to your employer. It’s always best to communicate the issue in writing. While errors are usually unintentional and most employers will try to correct payroll mistakes quickly, having a record is important.

Under payroll mistakes law, employers must pay their employees all the wages they have earned. If there is an error, they must correct it. If your employer does not respond to your notification or fails to correct the error in a timely manner, it may be necessary to seek legal advice.

AtWorkplace Rights Law Group, our team of experienced attorneys has over 75 years of combined employment law experience. We understand the nuances of employment law and are adept at handling wage & hour disputes.

Having represented both employees and employers, we have unique insight into the legal strategies companies employ. This experience equips us with the knowledge to anticipate potential defenses and effectively counter them.

Our ambitious, businesslike, yet compassionate approach ensures that we tailor unique strategies to each client’s circ*mstances, providing the best possible outcome.Contact ustoday; we are ready to assist you.

What Payroll Protections Do California Employees Have?

In California, laws likeCalifornia Labor CodeSection 226(a) protect employees’ wages. Here are some specific protections employees are entitled to:

• Employers cannot offset overpayments by reducing future paychecks and must pay all undisputed wages promptly;
• Making payroll mistakes that lead to underpayment may result in legal penalties, regardless of the employer’s intentions;
• Employers must issue detailed pay stubs semi-monthly or on payday, regardless of payment methods;
• Deductions from wages are strictly regulated and permissible only under certain conditions, such as with the employee’s consent or by legal requirement;
• Employees must receive their pay at least bi-monthly, with specific rules for final paychecks; and
• Employers cannot deduct wages for employee negligence.

Delays in wage paymentscan incur penalties for all wage types, including overtime and vacation pay.

If you think your employer is violating California payroll laws, Workplace Rights Law Group can help. We can review your wage claim, help you chart the best course of action, and safeguard your paycheck.

What Causes Payroll Discrepancies?

Workplace payroll errors are relatively common and can occur for various reasons.

Understanding how these errors happen can help employees to be more vigilant about their pay. Here are several ways payroll errors can occur:

• Data entry errors,
• Employee misclassification,
• Complex payroll laws,
• Inaccurate timekeeping,
• Outdated or inefficient payroll systems,
• Lack of training,
• Failure to keep up with changes,
• Errors in benefit deductions,
• Technical glitches, and
• Communication failures.

At Workplace Rights Law Group, we understand the stress and frustration of payroll errors. But more importantly, we know how to navigate these issues successfully. Our unique blend of knowledge, experience, and strategy is your advantage in addressing and resolving paycheck discrepancies.

Remember, it’s not just about rectifying a mistake—it’s about upholding your rights as an employee. If your employer made a mistake on your paycheck, know that you have a dedicated team ready to fight for your workplace rights.

If My Paycheck Is Wrong, What Do I Do?

If you discover an error in your paycheck, you should take the following steps:

• Communicate with your employer. Contact your employer or payroll department, explain the specific problem, and provide supporting documentation such as timecards or records of hours worked if available.
• Request a correction. Ask your employer to correct the mistake and issue a revised paycheck.
• Keep records. Make sure to keep a record of all communication with your employer regarding the issue, including emails, letters, or notes from any in-person or phone conversations.
• Know your rights. Familiarize yourself with California labor laws and regulations regarding wages and paychecks.
• File a wage claim. If your employer doesn’t address the issue or refuses to make necessary corrections, considerfiling a wage claim onlinewith the California Labor Commissioner’s Office.
• Seek legal advice. If your case is complex or your employer won’t cooperate,contactWorkplace Rights Law Group. We can provide guidance, help you file a claim, and negotiate with your employer.

At Workplace Rights Law Group, we are well-versed in the intricacies of payroll mistakes and are committed to protecting our clients’ rights. When your paycheck is incorrect, it is not just an accounting error—it’s a potential legal issue that demands immediate attention.

How Long Does an Employer Have to Correct a Payroll When It Is Wrong California?

California employers should remedy payroll inaccuracies quickly. Doing so shows that the employer made a mistake in good faith rather than intentionally failing to pay wages.

If an employer is uncooperative or the paycheck discrepancy persists, you may have grounds for a legal claim.

Under California law, if an employer knowingly neglects to pay wages, it can be classified as a deliberate act, leading to legal consequences known as the “waiting time penalty.”

When this happens, California employees are entitled to a full day of wages at their regular rate for each day it takes their employer to fix the mistake for up to 30 days.

Workplace Rights Law Group Will Fight for Your Payroll Rights

If your employer violated your payroll rights, we can help. Workplace Rights Law Group’s approach is different; we intentionally manage a smaller number of cases to ensure youreceive personalized and thorough attention.

Moreover, we pride ourselves on providing the same sophisticated legal services typically offered by bigger firms. And we’re committed to developing unique legal strategies specifically designed for your individual situation.

Our seasoned legal team has one objective: to equalize opportunities for workers like you.Contact ustoday for a free case review.

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Theo Khachaturian

Theo is a trial & appellate lawyer whose practice has emphasized wage-and-hour class actions, business disputes, wrongful termination, discrimination, harassment, and intellectual property theft. He has tried civil cases and argued before various California Courts of Appeal.