Overpayment of town employee
Good morning all:
A town employee was overpaid due to accounting error for several months totaling a few thousand dollars. The board does not really want to recoup the overpayment. It is a great employee who always puts in more work than his paycheck reflects.
Are we compelled to recoup the money? Could we call it overtime or some sort of incentive?
I appreciate your advice. Have a very good day.
Lloyd Brent Palmer
PALMER LAW
1609 Arlington
Ada, OK 74820
(405) 496-1154
CallPalmer.com
I think you'd want to make sure to avoid any argument that your town's made an unconstitutional "gift" to this employee. Perhaps you take resolution for your board to approve that provides that this employee has worked in excess of required work hours, etc. (specify all the reasons he's being given excess pay) and have the board approve it.
The labor lawyers may have reasons this is a bad idea in terms of his status as exempt or nonexempt and whether he's per hour or salaried. If salaried, I think you're required to do your job assignments regardless of the amount of time you work in any given week.
Also, you may be setting a bad precedent for other employees to ask for "incentives." Just some thoughts. Amy
From: Lloyd Brent Palmer, Esq. palmer@callpalmer.com
Sent: Thursday, June 23, 2022 11:26 AM
To: oama@lists.imla.org
Subject: [Oama] Overpayment of town employee
Good morning all:
A town employee was overpaid due to accounting error for several months totaling a few thousand dollars. The board does not really want to recoup the overpayment. It is a great employee who always puts in more work than his paycheck reflects.
Are we compelled to recoup the money? Could we call it overtime or some sort of incentive?
I appreciate your advice. Have a very good day.
Lloyd Brent Palmer
PALMER LAW
1609 Arlington
Ada, OK 74820
(405) 496-1154
CallPalmer.com
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
I agree with Ms. Douglas. Without some justifications for the overpayments, the "gift" argument seems to be the biggest issue.
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
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From: Douglas, Amy G Amy.Douglas@okc.gov
Sent: Thursday, June 23, 2022 11:37:13 AM
To: Lloyd Brent Palmer, Esq.; oama@lists.imla.org
Subject: [Oama] Re: Overpayment of town employee
I think you’d want to make sure to avoid any argument that your town’s made an unconstitutional “gift” to this employee. Perhaps you take resolution for your board to approve that provides that this employee has worked in excess of required work hours, etc. (specify all the reasons he’s being given excess pay) and have the board approve it.
The labor lawyers may have reasons this is a bad idea in terms of his status as exempt or nonexempt and whether he’s per hour or salaried. If salaried, I think you’re required to do your job assignments regardless of the amount of time you work in any given week.
Also, you may be setting a bad precedent for other employees to ask for “incentives.” Just some thoughts. Amy
From: Lloyd Brent Palmer, Esq. palmer@callpalmer.com
Sent: Thursday, June 23, 2022 11:26 AM
To: oama@lists.imla.org
Subject: [Oama] Overpayment of town employee
Good morning all:
A town employee was overpaid due to accounting error for several months totaling a few thousand dollars. The board does not really want to recoup the overpayment. It is a great employee who always puts in more work than his paycheck reflects.
Are we compelled to recoup the money? Could we call it overtime or some sort of incentive?
I appreciate your advice. Have a very good day.
Lloyd Brent Palmer
PALMER LAW
1609 Arlington
Ada, OK 74820
(405) 496-1154
CallPalmer.com
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
I would no call it overtime.
Ray
From: Lloyd Brent Palmer, Esq.
Sent: Thursday, June 23, 2022 11:25 AM
To: oama@lists.imla.org
Subject: [Oama] Overpayment of town employee
Good morning all:
A town employee was overpaid due to accounting error for several months totaling a few thousand dollars. The board does not really want to recoup the overpayment. It is a great employee who always puts in more work than his paycheck reflects.
Are we compelled to recoup the money? Could we call it overtime or some sort of incentive?
I appreciate your advice. Have a very good day.
Lloyd Brent Palmer
PALMER LAW
1609 Arlington
Ada, OK 74820
(405) 496-1154
CallPalmer.com
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Thank you all for your advice. I really appreciate the assistance. Have a great week.
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Lloyd Brent Palmer, Esq.
Private Counsel & Attorney at Law
PALMER LAW
1609 Arlington Ada, OK 74820
(405) 496-1154 palmer@callpalmer.commailto:palmer@callpalmer.com
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From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Thursday, June 23, 2022 12:02 PM
To: Lloyd Brent Palmer, Esq. palmer@callpalmer.com; oama@lists.imla.org
Subject: Re: [Oama] Overpayment of town employee
I would no call it overtime.
Ray
From: Lloyd Brent Palmer, Esq.
Sent: Thursday, June 23, 2022 11:25 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Overpayment of town employee
Good morning all:
A town employee was overpaid due to accounting error for several months totaling a few thousand dollars. The board does not really want to recoup the overpayment. It is a great employee who always puts in more work than his paycheck reflects.
Are we compelled to recoup the money? Could we call it overtime or some sort of incentive?
I appreciate your advice. Have a very good day.
Lloyd Brent Palmer
PALMER LAW
1609 Arlington
Ada, OK 74820
(405) 496-1154
CallPalmer.com
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