Wage Deductions
Exempt employees are required to accurately record absences from work, including absences related to paid time off, sick leave, or any other time away from work, in accordance with College procedures. Exempt employees are generally paid on a salary basis. This means the employee regularly receives a predetermined amount of compensation each pay period, which is not subject to reduction based on variations in the quality or quantity of the employee’s work. In general, an exempt employee will receive their full salary for any workweek in which they perform any work, regardless of the number of days or hours worked.
Under federal and state law, an exempt employee’s salary may be subject to certain permissible deductions. For example, unless otherwise required by state law, an exempt employee’s salary may be reduced for the following reasons:
• Full-day absences for personal reasons, other than sickness or disability.
• Full-day absences for sickness or disability, when the employee has exhausted, or is not yet eligible for paid time off under a bona fide leave policy or plan.
• Full-day disciplinary suspensions imposed in good faith for violations of written workplace conduct rules.
• Penalties imposed in good faith for infractions of safety rules of major significance.
• Unpaid leave taken under the Family and Medical Leave Act (FMLA).
• To offset amounts received as jury duty fees, witness fees, or military pay.
• The first or last week of employment, when an employee works less than a full workweek.
• Any full workweek in which an employee performs no work.
In a workweek in which an exempt employee performs any work, the employee’s salary will not be reduced for any of the following reasons:
• Partial-day absences.
• Absences on a scheduled workday when the College closes the facility where the employee is scheduled to work and has not designated an alternate work location.
• Absences for jury duty, attendance as a witness, or military leave, except that the College may offset the employee’s salary by the amount of jury duty fees, witness fees, or military pay received.
• Any other deductions prohibited by federal or state law.
Please note: It is not an improper deduction to reduce an employee’s accrued paid time off, sick leave or other forms of paid time off for full-day or partial-day absences, provided the employee receives their full salary for the workweek, as required by law.