CA, Overpayment deducted from employee's paycheck

Can an employer in California deduct an overpayment from the employee's final paycheck? Thank you, Bob

Every article, comment and legal reference refers to the employees final check.

Let's address the present, and ongoing issue of bi-weekly/bi-monthly payroll processing in which an employer provides payment/salary based upon good faith, and the employee takes unearned time off on payday.

Can an employer collect the overpayment of one days wages, and deduct the sum due for wages paid for services not provided from the next pay check.

If the employer has taken an annual salary and divided into 24 equal payments, and payroll is provided on the 15th and 30th, covering those specific days, without time lag, salary is being provided in anticipation and expectation that services will be rendered by the employee.

If employee takes an unearned or unapproved day off on the day the paychecks are provided, knowing the checks are processed and cut in advance, the employee is getting a full paycheck, fraudulently earning wages for unauthorized time off.

Since the employee has not provided services for those wages, is it not true that the employer can legally deduct the wages paid the prior paycheck to recoup the sum advanced in good faith. After all, the employee did not work, was not entitled to time off, and did not perform services as obligated.

The deduction of wages is not considered a loan, is not being garnished to honor any legal obligations, and is not a final paycheck. The deduction is to equalize the wage to services provided, therefore ethical and legal on the part of the employer.