If they trust you and believe that they have been given the complete story, the salary reduction is an event that has an ending. Yes, the salary can be reduced if the position still meets all the conditions for the particular exemption, including being paid a minimum weekly salary of $455. Issue #5) Can an employer reduce an exempt employee’s salary for disciplinary reasons? Your email address will not be published. Payment of the employee’s guaranteed salary must be made, even if an employee has no accrued benefits in the leave plan and the account has a negative balance, where the employee’s absence is for less than a full day. Sign up for email updates! By subscribing to our mailing list you will get the latest news from us. In some circumstance, however, a prospective reduction in salary may not cause a loss of the exemption. You may require the employee to use accrued paid time off or vacation time for this absence (in any increment but courts have endorsed 4-hour or longer increments), but absent a policy or accrued and available time off, you may not reduce an exempt employee’s pay on a day in which any work was performed. An employer with a vacation or PTO leave bank, policy, or practice may also reduce an employee’s salary for such full-day OR partial-day absences without affecting the salary basis of payment, if the employee nevertheless receives in payment his or her guaranteed salary. The employee’s decision must be completely voluntary. Since the agreement is just that the employee will be paid a $500 salary, that sum would cover any number of hours worked. If an exempt employee is on jury duty for one full workweek, no salary must be paid for that workweek. Issue #7) Can an employer reduce an exempt employee’s salary during a leave of absence? Deductions from pay are permissible with an exempt employee is absent from work for one or more full days for personal reasons other than sickness or disability. Such an employee must then be paid at least the federal minimum wage and overtime pay required by the FLSA, as discussed in FAQ #2 above. An employer may reduce the regular workweek of an exempt employee, for example, from 40 hours to 32 hours, with a commensurate reduction in pay, provided the change applies to all workweeks going forward. It’s also permissible to reduce an exempt employee’s salary for any workweek the employee performed no work at … Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. When an employee takes unpaid leave under the Family Medical Leave Act (FMLA), an employer may reduce the employee’s salary based on the amount of time the employee is absent. Save my name, email, and website in this browser for the next time I comment. Answer: Thank you for your inquiry regarding reducing an exempt employee’s salary to account for a reduced work schedule provided as an ADA accommodation. Most employers are aware that to satisfy the salary test, on a weekly basis an exempt employee must receive a “predetermined amount constituting all or part of compensation, which amount is not subject to reduction because of variations in quality or quantity of work performed." This article is part of our ongoing HR Scenario series by our National HR Client Service Manager, Kim Schaff, SHRM-SCP, PHR. If the exempt employee volunteers to take the day(s) off for personal reasons (other than sickness or disability), salary deductions may be made for one or more full days of missed work. As a general rule, being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. In order for the exempt employee’s salary reduction to be defensible, it should be: Permanent; Applied to an entire group or class of employees; Not directly tied to a reduction in hours If an employer temporarily reduces an exempt employee’s salary when … You can give fewer responsibilities or demote the employee to another position entirely. You can make payroll and taxes a simple and easy process for your business. Alternatively, employers can reduce salary basis exempt employees’ salaries and hours without affecting the exempt status of the employees. See #3 above. One common approach is to simply cut the salaries for your exempt employees. An employer may not reduce the employee’s salary for partial days of work. Can an employer adjust the employee’s salary down to compensate for the reduced hours? With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. For example, during a business or economic slowdown, provided the change is bona fide and not used as an attempt to evade the salary basis requirements. https://www.dol.gov/whd/overtime/fs17g_salary.pdf, https://www.dol.gov/whd/regs/compliance/whdfs70.htm, https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/ifanexemptemployeerequestsamovefromfull-timetopart-timestatus,cantheemployeradjusttheindividual%E2%80%99ssalarydowntocompensatefort.aspx, Your email address will not be published. In the early 90's, work for architects was quite scarce and employers were reducing salaries and hours correspondingly (36 hour work week, 90% salary). Specific state laws may further restrict employers from reducing an exempt employee’s predetermined compensation. These cookies do not store any personal information. The employee must then be paid minimum wage and overtime required by the FLSA. If you’re nonexempt and salaried, your salary is based on your work hours. Exempt employees must receive a salary of at least $455 per week. An employer is not required to pay an exempt employee’s salary for time not worked during a leave of absence under FMLA. Can an Employer Decrease Your Salary for a Poor Evaluation?. By Brad Cave Classifying an employee as exempt under the Fair Labor Standards Act (FLSA) comes with a trade-off. An exempt employee’s salary can be offset by the amount the exempt employee received as jury or witness fees, or on temporary military duty. How Exempt vs. Non-Exempt Classification Works. Example: A non-exempt employee is paid a salary of $500 per week, and they work 50 hours in a given week. An employer may do this, even if it is less than a full day, and even if the absence is directed by the employer because of lack of work, without affecting the salary basis payment. This website uses cookies to improve your experience while you navigate through the website. https://employersresource.com/wp-content/uploads/2017/09/HR_Scenario_Reductions_to_an_Exempt_Employee_s_Salary_featured.png, https://employersresource.com/wp-content/uploads/2020/07/Employers-Resource-Logo.png, Reductions to an Exempt Employee's Salary. FLSA Requirements for salary non-exempt employees. In order for an employee to qualify as exempt, the employee must receive a predetermined wage each pay period. When an employee is absent from work for one or more full days because of sickness or disability, an employer may reduce the employee’s salary in full-day increments in accordance with a bona fide plan, policy, or practice that covers sickness or disability pay. If the employee is ready, willing, and able to work, deductions may not be made for time when work is not available. Employers may deduct from an exempt employee's pay when an employee is absent from work for one or more full days for personal reasons other than … Many employers don't understand that you can't cut an exempt employee's paycheck if they don't put in the full 40 hours. Home > Wage & Hour > Labor Commissioner Approves Temporary Salary Reduction for Furloughed Exempt Employees. For most employees, whether they can be considered for a non-exempt salary position will depend on how much they are paid, how they are paid, and what kind of work they do. Issue #4) Can an employer reduce an exempt employee’s salary when they are absent from work because of sickness or disability? You also have the option to opt-out of these cookies. My General Manager has informed me that my compensation is to be restructured. Under certain circumstances, an exempt employee’s salary can be reduced, according to the U.S. Department of Labor. Employees who are fall under the white-collar exemptions must: Be paid on a salary basis. This website uses cookies to improve your experience. Labor Commissioner Approves Temporary Salary Reduction for Furloughed Exempt Employees By Labor & Employment on September 1st, 2009 Posted in Wage & Hour. Top Ten Tips Disclaimer. An employer may not reduce the employee’s salary for partial days of work. Site Design by The Spinbird Group. An employer must pay an exempt employee the full predetermined salary amount “free and clear” for any week in which the employee performs any work without regard to the number of days or hours worked. The salary reduction must reflect long-term business needs rather than a short-term salary deduction. If you’re salaried and exempt, you’re not paid according to hours worked and typically must receive a predetermined salary each pay period. Demotion typically occurs when an employee demonstrates poor performance, or lack of skills, or when a position is eliminated. Job form required to reduce FTE of 80 hours The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee’s work. Deductions may not be made from the employee’s predetermined salary for absences occasioned by the employer or by the operating requirements of the business. Necessary cookies are absolutely essential for the website to function properly. Prospectively Reducing Workweeks for Overtime Exempt Employees – with a Commensurate Reduction in Salary – Does Not Necessarily Destroy the Exemption By Brian E. Spang on March 12, 2020 Posted in Exemptions (general) Like what you see? If state law requires a higher minimum salary for exempt employees, you cannot reduce an exempt employee’s salary below that minimum. Reductions in the predetermined salary of an employee who is exempt will ordinarily cause loss of the exemption. exempt employees, coupled with a reduction in their salaries, as an alternative to avoiding or limiting the need for job layoffs in the current difficult economic environment. On the other hand, deductions from predetermined pay occasioned by day-to-day or week-to-week determinations of the operating requirements of the business are impermissible deductions from the predetermined salary and would result in loss of the exemption. For more information on exempt vs non-exempt employee classification, see our post How Exempt vs. Non-Exempt Classification Works. Consider if this reduction may cause the employee to lose exempt status. You seek an opinion as to whether this reduction is consistent with the salary basis test for exempt employees under California law. When an employer suspends an employee without pay pursuant to a written disciplinary policy for workplace conduct, the employer may reduce the employee’s salary based on the number of full days for which the employee was suspended. An exempt computer employee must receive a salary of $455 per week or at least $27.63 per hour. The employee in this case must still receive a salary of $455 per week. Reductions in the predetermined salary of an employee who is exempt under Part 541 of the Department of Labor's regulations will ordinarily cause a loss of the exemption. The employee must then be paid minimum wage and overtime required by the FLSA. Salary reduction for exempt employee in Minnesota 11-17-2007, 04:51 AM. The employer can normally substitute or reduce an exempt employee’s accrued leave (or run a negative leave balance) for the time an employee is absent from work. Issue #8) Our exempt employee took half a day off to attend a parent-teacher conference. Such salary reductions will not jeopardize the FLSA exemption if they are prospective and bona fide, and, after the reduction, all other FLSA exemption requirements are still met. Deductions from pay are permissible with an exempt employee is absent from work for one or more full days for personal reasons. It is important to remember that this is a one-time reduction in weekly salary that is made upon the conversion to part-time status. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies will be stored in your browser only with your consent. But opting out of some of these cookies may affect your browsing experience. For example, to qualify for exempt status, an administrative employee must receive a minimum salary of $455 per week. Although such a practice can work, if it is not done correctly you may wind up losing the exempt status for your salaried employees, resulting in a significant unpaid overtime liability for all of those workers who may have been subject to the salary reduction. Employees that are paid more than $23,600 per ($455 per week) qualify for salaried positions. The most common reason for a salary reduction is when an employee is demoted at work. Michael (Mike) D. Haberman, SPHR is a consultant, speaker, writer of HR Observations, and co-founder of Omega HR Solutions, Inc. After over 30 years in HR he got tired of the past and focuses here on the Future of HR. The difference is that the first instance involves a prospective reduction in the predetermined pay to reflect long term business needs, rather than short-term, day-to-day, or week-to-week deduction from fixed salary. Salary and Hours Reduction. When economic conditions permit, the exempt employee must be restored to full salary The salary reduction is permitted only when the employer is experiencing “significant economic difficulties” Affected employees whose new salary is not at least twice the state minimum wage for full-time employment, will become eligible for overtime Reductions to an Exempt Employee’s Salary. An unpaid leave of absence for personal reasons not subject to FMLA would fall into #3 above. All three of the above exemptions require payment of a true salary: "Salary" is defined as agreed-upon periodic compensation, intended to cover a period of at least a week, equivalent to at least $684 per week,* that is not subject to reduction on the basis of quantity or quality of work performed. An employer with a vacation or PTO leave bank, policy, or practice may also reduce an employee’s salary for such full-day OR partial-day absences without affecting the salary basis of payment, if the employee nevertheless receives in payment his or her guaranteed salary. When reducing an exempt employee’s salary, you may also reduce the hours the employee is expected to work. An exempt employee’s salary may be reduced for penalties imposed in good faith for infractions of safety rules of major significance; such a deduction can be equal to a partial day’s wages. Employers Can Reduce Employee Salary with a Voluntary Pay Reduction There is a provision which allows exempt employees to voluntarily reduce their pay. We'll assume you're ok with this, but you can opt-out if you wish. “ If the employer seeks volunteers to take time off due to insufficient work, and the exempt employee volunteers to take the day(s) off for personal reasons, other than sickness or disability, salary deductions may be … How to Reduce the Salary of Exempt Level Employees, ← 4 Easy & Effective Team Building Strategies, Curiouser and Curiouser | HR Examiner with John Sumser. There is no requirement that the predetermined salary be paid if the employee performs no work for an entire workweek. © 2021, Employers Resource Management, Call Us Toll-Free At (800) 574-4668, Natural Disasters & Employers’ Pay Requirements. But, in exchange for that benefit, the FLSA limits employers’ ability to reduce the exempt employee’s salary, even when they are not coming to work. Issue # 1) Can an employer reduce an exempt employee’s salary due to a slowdown in business? When an employee is paid less than the minimum salary requirement, his or her position does not meet the FLSA white collar exemption requirements. Exempt employee mandated salary reduction California 12-15-2008, 03:48 PM. FTE REDUCTION AS ALTERNATIVE TO LAYOFF Staff (Exempt & Non-exempt) 20 hours per week (.5 FTE ) is the minimum Effort is reduced over course of 12 months. means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. In such a case, the employee would be paid as a non-exempt employee. In the same scenario, an exempt employee who has no accrued benefits in the leave bank account, or has limited accrued leave and the reduction would result in a negative balance in the leave bank account, still must receive the employee’s guaranteed salary for any absence (s) occasioned by the office closure in order to remain exempt. Such reductions should be imposed in good faith. As a general rule, being paid on a “salary basis”. Can an employer reduce his/her salary? Subject to the exceptions listed below, an employer must pay an exempt employee the full predetermined salary amount “free and clear” for any week in which the employee performs any work without regard to the number of days or hours worked. Issue #3) Can an employer reduce an exempt employee’s salary when they are away from work for personal reasons? The below response is supported by federal laws and regulations. That's two whole weeks of vacation in 4 months with no docking of their vacation or pay. On August 19, 2009, in response to the current economic downturn, the California … The Fair Labor Standards Act (FLSA) allows reductions in employees’ salaries as long as the reductions are not designed to circumvent the salary basis requirement. Impermissible Pay Docking. This pay may not be reduced based on a variation in the quality or quantity of the work performed; … An employer may similarly reduce an employee’s salary when the employee receives salary replacement benefits under state disability or workers’ compensation laws. In some circumstance, however, a prospective reduction in salary may not cause a loss of the exemption. This is provided that the employee still receives payment equal to the employee’s predetermined salary in any week in which any work is performed even if the employee has no leave remaining. Under the Fair Labor Standards Act's exempt classification tests, salaried workers must meet minimum weekly wage amounts to be considered exempt in certain positions. Employees in off contract status may not use annual or sick leave. We also use third-party cookies that help us analyze and understand how you use this website. The WHD has opined expressly that a 20 percent reduction in an exempt employee’s salary “while assigned to work a normally scheduled … Thus, employers may prospectively reduce exempt employees’ workweek from, for example, 40 hours to 32 hours over a several week period, with a commensurate reduction in pay. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor). The circumstances when deductions to exempt employee’s salaries are permissible include the first and last weeks of employment when the employees do not work the full workweek. The employer can seek volunteers to take time off due to insufficient work. Employees must be paid a predetermined and fixed salary … The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee’s work. However, the employer is prohibited from further reducing the employee’s salary for these absences. The WHD provided further clarity in a fact sheet it released in September 2019. In other words, the part-time exempt employee’s pay may not fluctuate from week to week. Issue #9) An exempt employee has requested a move from fulltime to part-time status. Workology Inc. All Rights Reserved. For this week’s scenario, let’s look at different reasons an employer may want to reduce an employee’s salary, and whether a reduction would be allowed for that reason. Reductions in the predetermined salary of an employee who is exempt will ordinarily cause loss of the exemption. 1  If the employee is 10 hours short during each pay period, that means that they have taken more than 80 hours off from work. The FLSA requires employers to pay exempt employees at least $684.00 per week in salary, and that salary cannot be reduced (in most instances) by deductions. Salary Test for Exempt Employees . The WHD has opined expressly that a 20 percent reduction in an exempt employee’s salary “while assigned to work a normally scheduled 4-day reduced workweek due to the financial exigencies of the employer” would not violate the FLSA’s regulations. hbspt.cta.load(485718,'525c0ea1-9666-4095-907e-4f7cd5b5d8f7',{}). Required fields are marked *. In each of these articles, Kim will walk you through a real-life HR scenario and break down how this situation should be handled and all the ins and outs of the rules and regulations that impact the scenario. Classification is based on job duties and other criteria, including pay level. The part-time exempt employee must still receive their full weekly salary, which is not subject to reductions because of the quantity or quality of the work. I have seen some similar threads, but none lands on my topic exactly. An employer is not required to pay the full salary to an exempt employee in the initial or terminal week of employment. by our National HR Client Service Manager. Exempt employees must generally be paid on a salary basis at a predetermined amount each pay period. Employees must be prepared for period of no income while in off contract status. PURPOSE The Fair Labor Standards Act prohibits deductions from the wages of salaried exempt employees, except in certain circumstances, which are summarized in Exhibit A to this Policy and described in 29 C.F.R. The employer can't put an employee on salary to evade overtime laws. Updated October 2019 Policy on Salary Deductions for Exempt Employees Page 1 Policy on Salary Deductions for Exempt Employees I. The employer should issue an announcement would advise the exempt employees of this necessity, how long it may last (if known) and how their salary would be reduced. 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In wage & Hour > Labor Commissioner Approves Temporary salary reduction for Furloughed employees. The exempt status of the employees part-time exempt employee is on jury duty for or! Function properly some similar threads, but you can opt-out if you ’ re nonexempt and,...