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1 Employee benefit plans maintained by governmental employers are exempt from ERISAâs requirements. This exemption includes plans maintained by the federal, state or local (for example, a city, county or township) governments.  Church plans are also exempt from ERISA. A church plan is any employee benefit plan established or maintained by a church or by a convention or association of churches that is exempt from tax under Section 501 of the Internal Revenue Code (Code), and has not made an election under Code Section 410(d) to be subject to ERISA.
FLSA to permit an employer to recoup an overpayment from an employeeâs paycheck, even when the employee did not expressly authorize such deduction. 1 However, employers in the United States are also subject to state regulation with respect to the recovery of overpayment of wages.onclusion Employers with operations in jurisdictions that either do not permit deductions from an employeeâs wages for recovery of an overpayment or that do not have clear guidance on the issue should adopt a policy for other methods of recoupment.