“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: When can we deduct from an exempt employee’s pay?

In general, if an exempt employee performs any work during the workweek, you must pay them their full salary amount. Deductions are allowed, however, for legally required withholding and benefit elections.

There are a handful of other situations in which a deduction from an exempt employee’s salary would be permissible under federal law:

• For any workweek in which the employee performs absolutely no work

• In the initial or final week of employment based on the number of hours actually worked

• For absences of one or more full days for personal reasons other than sickness or disability

• For absences of one or more full days due to sickness or disability, if the deduction is made in accordance with a bona fide paid sick leave plan (the Department of Labor has previously found that a plan that offered at least 5 paid days off for sickness qualified as bona fide)

• To offset amounts the employee receives from jury or witness fees or for military pay

• For penalties imposed in good faith for infractions of safety rules of major significance, in accordance with a clearly established workplace policy

• For unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions

• For leave taken under the Family and Medical Leave Act

If none of these situations apply, an exempt employee must receive the full salary for any week in which they perform any work, regardless of the number of days or hours worked. In addition, some states do not allow all of these deductions.

Answer from Eric, SPHR, SHRM-SCP:
Eric has extensive experience in HR, leadership, and training. He has held several senior HR positions, including as the HR & Operations Manager for an award-winning interactive marketing agency and as HR Director for a national law firm. Eric graduated with a Bachelor’s of Science in Economics from the University of Oregon.

Leave a comment

Never miss an opportunity to earn HRCI/SHRM credits, identify a mentor, or connect 1:1 with another HR Girlfriend in your city or across the country.

0 Comments
Inline Feedbacks
View all comments
Author picture

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.
  • All
  • Affirmations
  • Career Monday
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor Newsletter
  • HR Certifications
  • HR Compliance
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
  • Talent Management
All
  • All
  • Affirmations
  • Career Monday
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor Newsletter
  • HR Certifications
  • HR Compliance
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
  • Talent Management
Affirmations

Affirmation: My Dreams Are Within Reach

I am one of the fortunate few who are deeply aware of what they want in this wonderful life. Because of this, I can see ...
Read More →
Career Monday

Career Monday: Continuous Learning Made Easy

If you stopped thinking about your education on graduation day, think again. Continuous learning is a lifelong adventure that enriches your personal and professional life. ...
Read More →
HR Q&A

Q&A: What can we do to reduce turnover and retain employees?

High turnover can quickly become costly. We recommend the following practices to increase retention: • Pick the right people in the first place. Put thought ...
Read More →
Share via
Copy link
Powered by Social Snap