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Article Index » flsa and wage & hour » overtime exemptions » Compromised Status » Deductions from Wages Report Link Sample Safe Harbor Policy for FLSA Compliance.Jackson Lewis LLP - June 12, 2008 The U.S. Department of Labor's rules on the "white collar" exemptions from federal overtime and minimum wage requirements under the Fair Labor Standards Act provide a "safe harbor" that may preserve an employee's exempt status in the event impermissible deductions are made. Report Link Pro-Ration of Minimum Salary for Part-Time Exempt Employees Disallowed.Barker Olmsted & Barnier - April 15, 2008 The U.S. Department of Labor recently issued an opinion letter on the topic of pro-rated salaries for exempt employees. Report Link Salary Deductions to Recover the Cost of Lost or Damaged Company Property Could Backfire (pdf).Vedder Price - August 04, 2006 Your employee leaves his company-provided
BlackBerry on the roof of his car and drives away.
Another employee accidentally downloads a virus
while surfi ng the Internet and corrupts the hard
drive of her company laptop. Do you deduct the
cost of repair or replacement of these items from the
employees’ salaries? If you do, a March 10, 2006
opinion letter from the U.S. Department of Labor says
those deductions could cause the affected employees
and others in their job classifi cations to lose their
exempt status, subjecting you to liability for unpaid
overtime and liquidated damages. Report Link Deductions from Employees’ Salaries for Damage/Loss of Company Equipment May Lead to Loss of Exempt Status Under the FLSA.Elarbee, Thompson, Sapp & Wilson, LLP. - June 29, 2006 In March 2006, the U.S. Department of Labor's Wage and Hour Division issued an Opinion Letter indicating that an employer may not deduct from the salary of an exempt employee (or otherwise require him or her to reimburse the employer) for damage to or loss of company equipment without jeopardizing that employee's exempt status under the Fair Labor Standards Act's (FLSA) exemption for executive, administrative or professional employees. Report Link Can Employers Deduct Partial-Day Absences from Exempt Employees' Vacation Time?Jackson Lewis LLP - January 19, 2006 Since 2002, the California Division of Labor Standards Enforcement (DLSE) has taken the position that employers may not deduct partial-day absences from exempt employees' accrued vacation leave banks. Recently, however, the First District Court of Appeal ruled in Conley v. Pacific Gas & Electric Co. that such deductions are lawful in certain circumstances. Report Link U.S. Department of Labor Issues Opinion on Salary Deductions for Absences Due to Inclement Weather (pdf).Vedder Price - January 06, 2006 In an October 2005 opinion letter, the U.S. Department
of Labor (DOL) provides guidance to private employers
regarding permissible deductions from exempt employee
salaries for absences caused by inclement weather such
as heavy snow or other types of disasters. Report Link To Deduct or Not to Deduct Exempt Employee Absences During Weather Emergencies.Littler Mendelson, P.C. - December 02, 2005 In two recently released opinion letters, the Wage and Hour Division of the U.S. Department of Labor (DOL) provides guidance to employers regarding deductions from an exempt employee's salary due to absences during weather emergencies. The letters are available at Report Link Exempt Professionals' Overtime Suit Fails (pdf).Ogletree Deakins - April 22, 2005 Court Finds Employer May Reduce Pay Without Jeopardizing Exemption. Report Link Paid Time Off for Partial Day Absences and Maintaining "Exempt" Employee Status.Littler Mendelson, P.C. - February 15, 2005 On January 7, 2005, the U.S Department of Labor (DOL) issued an Opinion Letter confirming that employers may deduct less than a full day from a salaried, overtime- exempt white-collar employee's PTO bank for absences due to personal reasons, accident, or illness, without causing the loss of the exempt status of the employee. Report Link Basics of the FLSA Minimum Wage and Overtime Requirements [PDF File].Piper Rudnick LLP - January 01, 2002 To stay compliant and avert FLSA liability, it is important that employers protect the status of exempt employees by avoiding the common mistake of making prohibited deductions from exempt employees’ salaries. Click Here For Article. Report Link 29 CFR 541.118 - Salary basis.Department of Labor - (No Date) This portion of the FLSA regulations deal with what it means to be paid "on a salary basis", which includes a discussion of making deductions for sickness and personal time.
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ArticlesFound: 11 ArticlesSUBTOPICS Employment Law Seminars
ANNUAL EMPLOYMENT LAW UPDATE
Sacramento
December 2, 2008 Shaw Valenza LLPCalifornia Workplace Law Update 2008Los Angeles
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Costa Mesa
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson & ByronLegally Required Sexual Harassment Training - California LocationsOntario
December 2, 2008 Fisher & PhillipsThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson |
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