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. The salary overpayment resulted because . I would definitely check with your state's Dept of Labor. NRS 608.060 Semimonthly payments; exceptions. NRS 608.070 Agreements between employers and employees for other than semimonthly payments. Generally speaking, no, an employer cannot do this. 284.290 Retained rates of pay. 284.292 Notification of uncollected overpayment.