AG 2009 09 21 - Laserfiche WebLink

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The salaries ofemployces exempt under Fair Labor Standards Act, 29 CFR Part 541, may be reduced or be subject to deductions for the following conditions ONLY: (a) For one clay or more full days for absence for personal reasons other than sickness or disability and the employee has no leave to cover the absence. (b) Far sickness a• disability (including work place injui:v) ifthe employee has not qualified for our leave benefit, and has no earned leave remaining to cover the absence. If the employee has exhausted all leave benefit that would cover an FMLA absence, the employee's salary may be reduced in hourly increments while on FM[,A leave.* (c) Deductions for penalties imposed for violations of safety rules of major significance, including those relating to the preventions of serious danger iu our workplace or to other employees. (d) Deductions resulting from suspensions without pay for serious violations of County workplace misconduct rules. See section below: Suspensions Without Pay for Serious Workplace Misconduct. (e) in the initial or final work week of employment, deductions may be made for the days of the workweek not worked. For example, in the first or last workweek of work, if the employee only works hvo of the tn~e days, the employee will receive 2/5 of his or her weekly salary. In the final workweek the employee may use applicable aca•ued leave to cover the portion of the week not worked but only as provided elsewhere in our policies. * Pursuant to Federal Regulations 29 Part 541.710, salaries of exempt salaried employees may be reduced under the following conditions in that all County employees are employed under the rules of public accountability: (a) For absence of less than a day for personal reasons, illness, or injury when accrued leave is not used because: • I . Permission for the absence/leave has not been sought or it has been requested by the employee and was denied; 2. Accrued leave has been exhausted; 3. "[•he employee requests or chooses to use leave without pay. (b) Deductions fora "budget required furlough" implemented by agency management or the governing board/body. During such week, and only in such week, the Part 541 exemption is lost and the employee is entitled to overtime compensation in the week of the furlough if the employee works more than 40 hours (or other standard is employed in law enforcement of fire fighting) despite being in furlough status. Deductions from salaries ofemployees exempt under the Fair Labor Standards Act, 29 CFR Part 541, are NOT permitted by the regulation for the following reasons: (a) On an hourly basis except for unpaid FMLA leave and as provided in the special rules above. (b) ~Vhen the office, facility, building or deparhnent is officially closed due to inclement weather such as snow or ice. Exempt salaried workers cannot be required to use earned leave for such closings unless it is announced that the ot7ice, facility, building or departntent remains open for salaried exempt employees and they are given the option of reporting to work or using leave. (c) For penalties or rules violations such as performance issues, attendance issues, minor safety rules, cash shortages, losses, rules of evidence violations or damages to equipment or property, including insurance deductibles when damage has occurred. Employees can report improper or unlawful deductions from their wages without fear of discrimination or reprisal Upon receiving notification of an improper or unlawful deduction ti•om pay, the } luman Resources Director, or designee, in consultation with the Accounting Operations Supervisor, will investigate the matter and issue a finding before the next pay period entry date. lfthe investigation confirms the deduction was improper or unlawful, the employee(s) shall be reimbursed the amount of the deduction with the next pay check. t 74 Attachment number 4 ., F-5 Page 202 of 362