Maine § 26 §635 Overcompensation by employer

Maine Statutes

§ 26 §635 — Overcompensation by employer

Maine·Title 26 LABOR AND INDUSTRY·Ch. 7 EMPLOYMENT PRACTICES

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Recovery of overcompensation; limitations. An employer who has overcompensated an employee through employer error may not withhold more than 5% of the net amount of any subsequent pay without the employee's written permission, except that, if the employee voluntarily terminates employment, the employer may deduct the full amount of overcompensation from any wages due. An employer who has overcompensated an employee through employer error may not recover more than the amount of overcompensation paid to that employee in the 3 years preceding the date of discovery of the overcompensation.

3.Violation. If an employer with over 25 employees violates this section,

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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Recovery of overcompensation; limitations.
An employer who has overcompensated an employee through employer error may not withhold more than 5% of the net amount of any subsequent pay without the employee's written permission, except that, if the employee voluntarily terminates employment, the employer may deduct the full amount of overcompensation from any wages due. An employer who has overcompensated an employee through employer error may not recover more than the amount of overcompensation paid to that employee in the 3 years preceding the date of discovery of the overcompensation.
3.
Violation.
If an employer with over 25 employees violates this section, that employer forfeits any claim to the overcompensation.
4.
Application.
This section is applied as follows.

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