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Section 100:
Introduction
Section 200:
Hiring and Employment
Section 300:
Employee Relations
Section 400:
Professional Conduct
Section 500:
Employee Development
Section 600:
Time Away From Work
Section 700:
Compensation
Section 800:
Work Hours and Pay Practices

801: Work Day and Work Shift Changes

802: Meal and Rest Periods

803: Overtime

804: Improper Pay Deductions for Exempt Employees


Section 900:
Health & Safety
Section 1000:
University Policies
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Human Resources Manual > Work Hours and Pay Practices > Improper pay deductions For Exempt Employees

Policy Number: 804 Effective Date: 8/23/2004
New: x Revised:

     
804.0 POLICY IMPROPER PAY DEDUCTIONS FOR EXEMPT EMPLOYEES
804.1 STATEMENT Georgetown University conforms with the Fair Labor Standards Act (FLSA) of 1938, as amended, and state and local laws in paying salaried exempt employees.

The University prohibits improper deductions from pay and considers improper deductions as serious violations of University policy. Pursuant to the FLSA, the University provides a complaint process whereby exempt employees who think that their pay has been docked improperly can complain. If an employee notifies the University that he or she believes that an improper deduction has occurred, the University is committed to the prompt resolution of the complaint.

804.2 PHILOSOPHY The University is prohibited from making improper deductions from the pay of a salaried exempt employee under the Fair Labor Standards Act of 1938, as amended. The University?s Improper Deductions Policy reflects the provisions of this law.
804.3 DEFINITIONS EXEMPT EMPLOYEE ? An exempt employee is one who is exempt from the overtime provisions of the FLSA. The Department of Human Resources determines whether each position at the University is ?exempt? or ?non-exempt? for purposes of the FLSA.
803.4 PROCEDURES Deductions from Salary for Exempt Employees
Deductions from the salary of an exempt employee are generally prohibited. Except as set forth below, an exempt employee must receive the full salary for any week in which the employee performs any work, without regard to the number of days or hours worked.

The exceptions provided by federal law are as follows:

Proper Deductions

  • Deductions may be made for one or more full day absences for personal reasons, other than sickness and disability.
  • Deductions may be made for one or more full day absences because of sickness or disability if such deductions are made under a bona fide plan, practice or policy of providing wage replacement benefits for these types of absences.
  • Deductions may be made for unpaid leave taken pursuant to the Family and Medical Leave Act (FMLA), including intermittent or partial day leave.
  • Deductions may be made to offset payment amounts for jury duty, witness fees and military pay (but not for travel and parking).
  • Deductions may be made for penalties or suspensions made in good faith for violations of written safety rules of ?major significance.?
  • Deductions may be made for full day disciplinary suspensions imposed in good faith for violations of written work place conduct rules, but not for performance or attendance problems.
  • Deductions may be made for whatever day(s) of the first and last weeks of employment the employee does not work.
  • An exempt employee need not be paid for any work week in which he or she does no work at all.

The following deductions from the salary of the exempt are not permitted by federal law:

Improper Deductions

  • Partial day absences (except FMLA leave).
  • Deductions for variations in the quantity or quality of work.
  • Deductions for absences created or caused by the employer or by the operating requirements of the business (for example, when the employee is ready, willing and able to work, but work is not available).

Complaint Process
If an employee believes that an improper deduction from pay has occurred, he or she should notify his/her supervisor or Human Resources Generalist within 24 hours of the time he or she becomes aware of the deduction. Management or the Generalist will suspend such deductions, investigate the complaint promptly, review the investigation results with the Office of University Counsel, and make a good faith determination as to whether the deduction was improper by no later than 5 (five) work days or the next pay date, whichever occurs later. In the case of an improper deduction, the University will cease making the improper deduction and employees will be reimbursed for any improper deductions.

Good Faith Effort
In the case of a reimbursement for improper deduction, the University makes a good faith commitment to comply with the law in the future. A good faith effort will include, but not be limited to, providing a notice to all supervisors for employees in the same job classification working for the same managers responsible for the actual improper deductions. That notice will describe the improper deduction and its resolution and describe the potential impact for University loss by any future, and particularly repeated, improper deduction.

Non-retaliation
In the case of a reimbursement for improper deduction, the University makes a good faith commitment to comply with the law in the future. A good faith effort will include, but not be limited to, providing a notice to all supervisors for employees in the same job classification working for the same managers responsible for the actual improper deductions. That notice will describe the improper deduction and its resolution and describe the potential impact for University loss by any future, and particularly repeated, improper deduction.

804.5.1 RESPONSIBILITY Department management ensures that no improper deductions are made from the pay of a salaried exempt employee. Management or Human Resources will investigate any complaint from an employee about an improper pay deduction promptly.
804.6 RESOURCE For more information contact the Human Resources Department.



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