When it comes to paying your staff, you have specific duties as an employer. You must pay your employees their earned salaries, you may not discriminate, and you must withhold taxes and other fees. If you fail to pay your workers on time, you may be breaking federal or state law. The repercussions, which may include fines, backpay, and other penalties, might be severe. If you identify a mistake, rectifying it as soon as possible might reduce your responsibility.
What you’ll discover:
What should I do if an employee is being overpaid?
How can I avoid being held liable if an employee is underpaid?
What can I do to avoid being sued for technical pay infractions?
How can I correct an error in an employee’s withholdings?
How can I close the gender wage gap?
Table of Contents
What should I do if an employee is being overpaid?
Overpaying an employee is less of a legal problem than underpaying an employee since it does not break any state or federal regulations. Overpaying your staff is legal. Even so, you should repair the problem as soon as you see it to avoid it occurring again. If you utilize an Employment Contract, you should think about including an Employment Agreement Amendment to address how overpayments will be handled.
Initially, if feasible, delay or cancel payroll and advise impacted workers of the error if direct deposits or checks have not yet been issued. If the checks have already been sent, you may still collect the overpayment later, but it will be more difficult. The Fair Labor Standards Act authorizes you to take specific procedures under federal law to recover the overpayment as part of the employee’s next paycheck. But, bear in mind that different states may have different labor regulations that affect how an employer might recuperate an overpayment.
It is critical to keep the employee aware of the overpayment. You must calculate the amount of the overpayment and offer an itemized breakdown to the employee. In most cases, you may then deduct the overpayment in the next pay period. This may be difficult for certain workers, depending on the quantity. Employers in such cases might deduct the excess in tiny amounts across numerous pay periods to lessen the effect. If the overpayment was substantial, this option could be appropriate.
If the employee departs after the overpayment, or if you have questions concerning your state’s labor regulations, you should consult with a lawyer.
How can I avoid being held liable if an employee is underpaid?
When you underpay an employee, the person may be able to initiate a civil case against you for offenses connected to:
Payments for extra hours worked.
Minimum wage legislation.
Benefit payments are not being made.
Additional technical pay infractions include failure to produce pay stubs.
If you know you underpaid an employee, rectifying the error before you are sued may dramatically restrict or eliminate your responsibility, perhaps eliminating it completely. Underpaying an employee may result in fines, penalties, and backpay, as well as interest. In general, the longer you delay to fix the error, the greater the penalty you may face if you are sued.
What can I do to avoid being sued for technical pay infractions?
Technical standards must be completed in addition to the basic need of paying workers on time. For example, you will almost certainly need to withhold taxes and provide pay stubs. Several labor law infractions may result in a lawsuit for what transpired in the past. Thankfully, you can correct the errors in the future by following all of the criteria, so you won’t have to worry about it occurring again.
Knowing, comprehending, and fulfilling all of your commitments when it comes to the technical criteria for paying your staff is the best method to cope with these challenges. Not understanding what you are supposed to do is not a legal defense. To safeguard your company, consider engaging a payroll processor, bookkeeper, accountant, or attorney to assist you in meeting your technical duties to your workers
How can I correct an error in an employee’s withholdings?
Correcting an employee’s withholdings begins with verifying that the employee’s W-4 has the right information. You can only appropriately withhold payroll responsibilities if the employee provides you with the necessary information.
If you withheld too much from an employee to cover payroll bills or taxes, you must reimburse the employee. You may either immediately repay the employee or withhold less from future paychecks until the contributions are balanced.
If you did not conceal sufficient information from the employee, you may be able to:
To make up the difference, withhold additional money from future paychecks.
You must pay the difference on your own.
Inform the employee of the error and inform them that they must resolve the issue on their own during tax season.
Clear communication with your staff is critical in any of these situations. Employees are less likely to register a complaint if they are informed and know you are taking remedial action.
How can I close the gender wage gap?
For a variety of reasons, women often earn less than males for the same job. Do not put off taking action if you suspect your company is paying workers unequally based on their gender.
You should do a pay audit to see whether there is a gender pay discrepancy among your employees. Identify particular job duties and compare pay rates. You may need to do a critical evaluation for certain individuals who earn more or less for the same function. Closing the pay gap may ultimately be as easy as boosting pay for individuals who are underpaid or standardizing salaries across comparable occupations, and then ensuring that your future compensation policies are fair and reasonable.
