Current through all regulations passed and filed through September 16, 2024
(A)
Purpose. It is the university's intent to comply with
all requirements of the Fair Labor Standards Act (FLSA). All supervisors and
managers, therefore, are only authorized to make proper deductions from the
salaries of exempt employees. Furthermore, it is also the university's intent
to inform employees of this policy and ensure them that the university does not
allow deductions that violate the FLSA.
(B)
Eligibility. The
policy applies to all unclassified full-time salaried employees who are paid on
a salary basis. Being paid on a "salary basis" means an employee regularly
receives a predetermined amount of compensation each pay
period.
(C)
Implementation.
(1)
The predetermined
amount cannot be reduced because of variations in the quality or quantity of
the employee's work. Subject to exceptions listed below, an exempt employee
must receive the full salary for any workweek in which the employee performs
any work, regardless of the number of days or hours worked.
(2)
Exempt employees
do not need to be paid for any workweek in which they perform no
work.
(3)
If the employee is ready, willing and able to work,
deductions may not be made for time when work is not available.
(4)
Deductions from
pay. Examples of circumstances in which the university may properly make
deductions from pay include the following:
(a)
For absences from
work for one or more full days for personal reasons other than sickness or
disability.
(b)
For absences for one or more full days due to sickness
or disability if the deduction is made in accordance with rule3342-6- 11.3 or 3342-6-
11.1 of
the Administrative Code.
(c)
To offset amounts
employees receive as jury or witness fees in accordance with rule
3342-6-11.5 of
the Administrative
Code.
(d)
For military pay in accordance with rule
3342-6-11.6 of
the Administrative
Code.
(e)
For unpaid disciplinary suspensions imposed in good
faith for workplace conduct rule infractions.
(f)
In the initial or
terminal week of employment, if the employee does not work the full
week.
(g)
For penalties imposed in good faith for infractions of
safety rules of major significance.
(h)
For weeks in
which an exempt employee takes unpaid leave under the Family and Medical Leave
Act. In these circumstances, either partial day or full day deductions may be
made.
(5)
Improper deductions. If an employee believes that an
improper deduction has been made from his/her salary, the employee should
immediately report this information to his/her direct supervisor, or contact
the records office to initiate a review. Reports of improper deductions will be
promptly investigated. If it is determined that an improper deduction has
occurred, the employee will be promptly reimbursed for any improper deductions
made.
Replaces: 3342-6- 07.7
