SECTION 380:30-1-11. Overpayment of wages

(a)   If an employer determines that an employee has been overpaid, the employer may recover the overpaid sum from the employee in one of two ways:

(1)   Lump sum cash repayment; or

(2)   Agreement for payroll deduction in a lump sum or in installments over a term not to exceed the length of the term in which the erroneous payments were made, provided that such agreement is made pursuant to the provisions of this subchapter regarding deductions.

(b)   The election as to which method is used, and the terms thereof, shall be made by the employee in writing, and shall be subject to all other provisions of law and which may apply. The employee may elect to use a combination of the above two methods, if the employer agrees.

(c)   Upon termination of the employment agreement, any remaining balance of overpayment shall be considered an offset to any final wages otherwise due the employee.

[Source: Added at 14 Ok Reg 2968, eff 7-13-97]