Sonoma, CA asked in Employment Law for California

Q: Can a company based in Virginia take back time/pay?

A company paid overtime. Two months later they realized they paid an employee overtime. The company then did not pay the employee for four hours of regular pay. The company said the overtime never should have been paid. The company claims they can then withhold that time on a pay period two months later. Essentially not paying their employee for all the hours they worked.

Related Topics:
1 Lawyer Answer
Benjamin Hill
Benjamin Hill
  • Woodland Hills, CA
  • Licensed in California

A: If the work performed for this company occurred in California, the answer is absolutely no. Once they are earned, wages are property of the employee. The employer would owe you: back pay; interest and up to 30 days of wages as a statutory penalty. For more information on wage issues, please visit --

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.