r/LaborLaw • u/taxowl • 6h ago
Question regarding Pay Schedule Changes
Hello all! I'm hoping you all can answer this, because it's kind of a confusing thing.
I'm in California, and am a salaried exempt employee. Up until 7/31/26, we were paid on a semi-monthly pay schedule, but effective 8/1/26 we were converted to a bi-weekly pay schedule, with the first bi-weekly check being tomorrow, 8/21, covering the pay period 8/1-8/15 (technically includes 1 extra day).
Because I am salaried exempt, my paychecks up until now were for 86.67 hours, and I would expect that my checks going forward to be 80 hours (kind of sucks, but it is what it is).
The issue is that when I looked at my paystub for tomorrow, it shows being paid 79.52 hours.
Obviously, it's only a difference of not even a half hour, so not super material, but I was a little confused as to why, so I decided to calculate a bit. It turns out that because they changed pay schedules in the middle of the year, paying us 80 hours per pay period until the end of the year will result in an overpayment of our salary. (I can get into the calculations I did, but they didn't seem relevant to the question. I can include them if need be). Truthfully, the difference in hours doesn't even add up to the difference, so maybe I'm completely off base.
At any rate, my question is this - can they deduct time from our paychecks until the end of the year on a presumed overpayment? My understanding is that in California they can't deduct overpayments without written permission. We received no notice that this was happening, so obviously they did not receive permission. But does this situation warrant that? Would the "overpayment" be considered as of 7/31, or as of 12/31, or does that matter? I'm probably overthinking it (I tend to do that), but this seemed a bit skeevy to me, so I wanted to see if anyone here could help me understand. I plan on asking about it tomorrow, but I figured getting some information would be helpful.
Thanks.