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Employment Law/Employer withholding taxes from past paycheck


I get paid biweekly. My employer did not withhold taxes from my previous paycheck. He did not correct the paycheck before I deposited it. My current paycheck now reflects the past taxes and the current taxes. Is this legal in the state of California? It was the employers mistake.
Follow up question- if it is legal, my current paycheck has the past taxes withheld, current taxes and a mistake of withholding my current taxes twice. For example: the social security tax in my current paycheck is 6.2% of my previous paycheck plus 12.4% of the current paycheck. This what my current paycheck reflects for social security tax withheld-
Gross pay= $1119.03
Social Security Employee tax= $234.77
Previous pay check Social Security tax (that should have been taken out)= $96.00
For my own tax records, they have not offered a corrected paycheck/or voided the current paycheck. My employer also goes through a third party tax preparer. So the company made the mistakes and my employer is waiting on them to correct the situation.
What is within my rights as an employee to get paid the correct amount and have accurate records?

Yes they can deduct taxes that were not withheld from a prior paycheck. They do have to fix the mistake on the incorrect amount that was withheld from the current paycheck. Yes they will have to wait for the 3rd party preparer to correct the mistake. It should be corrected on the next payroll check.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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