NC Labor Law § 95-25.7. -13 Payment to separated employees

Under the US Labor Code 221 (200-222), NCGS Labor Law 95-25.7  Payment to separated employees through 95-25.22 Recovery of unpaid wages, and REDA:95-25-240 - 245, if a employer takes an employee last payck for supposed over payment from a prior 7 paycycles (March 30th- July 16th), is that legal?

So basically for 7 paycyles, yes 7 paycycles, the employer NEVER said a word, then when the employee questioned numerous short pays in hours total 52.08, then the employer states they over paid the EE 7 pay cycles earlier. Can the employer get the money back and deny unemployment too...?

§ 95‑25.7.  Payment to separated employees.

Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if requested by the employee.  Wages based on bonuses, commissions or other forms of calculation shall be paid on the first regular payday after the amount becomes calculable when a separation occurs.  Such wages may not be forfeited unless the employee has been notified in accordance with G.S. 95‑25.13 of the employer's policy or practice, which results in forfeiture.  Employees not so notified are not subject to such loss or forfeiture. (1975, c. 413, s. 4; 1979, c. 839, s. 1; 1981, c. 663, s. 1; 1993, c. 214, s. 1.)

 US Labor Code 221

11.2 Employer May Not Collect Or Receive Wages Paid Employee.

Labor Code § 221 prohibits an employer from recovering wages paid.

This provision prohibits an employer from receiving from an employee any wage paid by the employer to the employee either by deduction or recovery after payment of the wage. “It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee.”

"Can the employer get the money back and deny unemployment too...?"

I wouldn't see why not.  If you've been overpaid, they may deduct it from your salary, or, if you are no longer an employee, they may bill you.  I don't see how the UC thing has any relevance.  You might want to contact DOL re: the deduction of overpay, and the unemployment office re: the denial.

"Wages based on bonuses, commissions or other forms of calculation shall be paid on the first regular payday after the amount becomes calculable when a separation occurs ... Such wages may not be forfeited unless the employee has been notified in accordance with G.S. 95‑25.13"

They STILL may deduct overpayment.  If you haven't been paid specific commissions or bonuses, contact DOL.

"Labor Code § 221 prohibits an employer from recovering wages paid ... This provision prohibits an employer from receiving from an employee any wage paid by the employer to the employee either by deduction or recovery after payment of the wage."

This provision prohibits "deductions from an employee's wages for cash shortages, breakage, loss of equipment, and other business losses that may result from the employee's simple negligence."  It didn't involve your negligence.  It involved their own.  Your situation is not a "finders keepers" type of thing, therefore, overpayment involves none of the above.

Your best bet would be to contact your state DOL/Wage and Hour.

GE32:

11.2 Employer May Not Collect Or Receive Wages Paid Employee. Labor Code § 221 prohibits an employer from recovering wages paid. This provision prohibits an employer from receiving from an employee any wage paid by the employer to the employee either by deduction or recovery after payment of the wage. “It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee.”

You've cited a California law here.  It would not apply in North Carolina. 

Thank you Cica and Carol757 for the information.