The amount of the overpayment must be assessed to the liable person, and the person must be notified of the basis of the assessment. This chapter deals with state law provisions identifying, establishing, and collecting overpayments.All states have provisions addressing these matters. Payroll and Records Forms ; Calculation of Comp Time Payout for. Generally speaking, no, an employer cannot do this. An employment attorney can assist you if there is a deduction for overpayment on your final paycheck. This chapter deals with state law provisions that pertain to identifying, establishing, and collecting UI benefit overpayments. NRS 608.1577 Notices to employees: Acceptance of, change in or termination of benefits; change of insurer; nonpayment of premium.