Was over paid and now boss wants to fix his mistake

[lilbellagirl]

I work for a small store in California privately owned. For a month I was working at a second location that was just opening and was receiving separate checks because my pay rate was different and the name of the store was different. While I was there the owner made a mistake in everyone's checks and did not take out the taxes when he wrote the checks. So for 2 months he over paid all the employees. Now that he realized his mistake he wants to take the unpaid taxes out of everyone's current checks. So for example he wants to take out $100 from each of my next 3 checks until the $298 is paid. So my question is: Can he do this since it was his mistake in the beginning to pay us all the wrong amount?

Thank You

 

[cbg]

Do you think that when you file your taxes at the end of the year the IRS is going to say, oh, it was the boss's mistake so you don't need to pay that tax?