This policy establishes the circumstances and approval process when a campus partner would like to cancel or forgive an overpayment. California Labor Code 221 is a short part of California's labor code that simply states employers may not take wages they have paid their employees back.You must complete and return the Application for Overpayment Waiver (DE 1446UI) to be considered for a waiver. To file for an assessment appeal, you must timely complete an Assessment Appeal Application (form BOE-305-AH). Complete the overpayment exception request form 2.