SAFE HARBOR POLICY
Safe Harbor Policy Regarding Deductions from pay from FLSA Exempt
Employees
Effective August 23, 2004, the U.S. Department of Labor changed the
rules for overtime eligibility. To qualify for an overtime exemption, an
employee generally must be paid at not less than $23,660 a year or $455
per week on a salary basis. (This does not apply to teachers, lawyers,
or medical personnel. Exempt computer employees may be paid at least
$455 on a salary basis or on an hourly basis at a rate not less than
$27.63 an hour.) Being paid on a "salary basis" refers to an employee
who regularly receives a predetermined amount of compensation each pay
period on a weekly or less frequent basis which cannot be reduced,
subject to the exceptions listed below. Exempt employees do not need to
be paid for any workweek in which they perform no work and will not be,
unless appropriate accrued paid leave is utilized. Deductions from pay
are permissible when an exempt employee is either:
* absent from work for one or more partial or full days for personal
reasons, other than sickness or disability;
* absent from work for one or more partial or full days due to sickness
or disability, if the deduction is made in accordance with a bona fide
plan, policy or practice of providing compensation for salary lost due
to illness;
* in receipt of amounts as jury or witness fees; or
* on an unpaid disciplinary suspension for one or more partial or full
days, imposed in good faith for workplace conduct rule infractions.
Also, the Clermont County Educational Service Center Governing Board of
Education is not required to pay an employee’s full salary in the
initial or final week of employment; for penalties imposed in good faith
for infractions of safety rules of major significance; or for weeks in
which an exempt employee takes unpaid leave under the Family and Medical
Leave Act. In these circumstances, either a partial-day or full-day
deduction may be made. It is the policy of the Clermont County
Educational Service Center Governing Board of Education to comply with
the "salary basis" requirements of the FLSA. Therefore, those preparing
paychecks are prohibited from making any improper deductions from the
salaries of exempt employees. If an employee believes that an improper
deduction has been made to his/her salary or that overtime was worked
and not paid, the employee should immediately report this information to
his/her direct supervisor on a form available from the Assistant
Superintendent . Reports of an improper deduction from wages or an
overtime denial will be promptly investigated. If it is determined that
an improper deduction or denial has occurred, the employee will be
promptly reimbursed for any improper deduction or paid for overtime
worked.
[Adoption Date: July 21, 2005]
Clermont County Educational Service Center Governing Board of Education
CLERMONT COUNTY EDUCATIONAL SERVICE CENTER
COMPLAINT FORM FOR PAY DEDUCTIONS FOR FLSA EXEMPT EMPLOYEES
Please complete and give to the Assistant Superintendent.
NAME _________________________________
POSITION//_________________________________
DEPARTMENT ______________________
IMMEDIATE SUPERVISOR _________________
WEEK(S) OF QUESTIONABLE DEDUCTION OR DENIAL ____________________
IN THE SPACE BELOW, PLEASE EXPLAIN WHAT OCCURRED AND WHY YOU BELIEVE IT
WAS IMPROPER
SIGNATURE ____________________ DATE _________________________
Clermont County Educational Service Center
ACKNOWLEDGMENT OF RECEIPT OF COPY OF THE CLERMONT COUNTY EDUCATIONAL
SERVICE CENTER GOVERNING BOARD OF EDUCATION SAFE HARBOR POLICY REGARDING
DEDUCTIONS FROM PAY FROM FLSA EXEMPT EMPLOYEES
I hereby acknowledge that I have been given a copy of the Clermont
County Educational Service Center Governing Board of Education’s
overtime policy. I understand that I have the right to file a complaint
alleging an improper salary deduction or an overtime denial on a form
that has been prepared by the Clermont County Educational Service Center
Governing Board of Education.
_____________________________________ __________________
(Signature of employee) Date
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