• Employees must consent to most wage garnishments.impiegato image by haruspex from Fotolia.com
  
  There are specific rules in California regarding wage overpayment. According to the Department of Industrial Relations in California, if an employee is overpaid and it is the error of the employer, and not due to dishonesty on the part of the employee, the employee is not liable. The employer is not allowed to garnish or make deductions from an employee's check except in limited circumstances.
  
  

Garnishment of Wages

• Garnishment of wages needs to be in writing.cash image by Alexey Klementiev from Fotolia.com
  
  Get it in writing. In order to deduct wages, an employer must have the employee's written consent. If the wage garnishment is because of benefits or retirement funding, or simply the way the payroll system is set up, the employee must be informed about the amount to be deducted and sign her written consent to deduct that specific amount at agreed-upon intervals, be it every check, or once a month. The exception to this rule is a court-ordered garnishment because of a judgment against the employee by a creditor.
  
  

• A final check is untouchable. An employer is not allowed to deduct money you owe the company from a final check, even if the company gave you a personal loan that you agreed in writing to return in specific sums deducted from your paychecks, he cannot deduct the sum from your final check. This includes advances an employee has taken on her vacation time.
  
  

• Employee must still make at least minimum wage after the deductions. Even if the deductions are agreed upon in writing, and are court-mandated, an employee must at all times still earn at least the minimum wage.