In accordance with the Fair Labor Standards Act (FLSA),
exempt employees who are required to be paid on a salary basis may not
have their pay reduced in certain circumstances. Employees who feel their
pay has been improperly reduced should report this immediately following
the procedures specified below.
Provisions Mandated by the Salary Basis Rules
- Exempt employees normally must receive their full salary
for any week in which they perform any work, without regard to the
number of days or hours worked. However, exempt employees need not
be paid for any workweek in which they perform NO work at all for the
- Deductions from pay cannot be made as a result of absences
due to the circumstances listed below. Such improper pay deductions
are therefore specifically prohibited by Cowley County Community College,
regardless of the circumstances. Managers or supervisors violating
this policy will be subject to discipline up to and including termination.
- Jury duty.
- Attendance as a witness.
- Temporary military leave.
- Absences caused by the employer.
- Absences caused by the operating requirements of
- Partial day amounts other than those specifically
- The few exceptions to the requirement to pay exempt
employees on a salary basis are listed below. In these cases deductions
may be permissible as long as they are consistent with other College
policies and practices.
- Absences for personal reasons other than sickness
or disability, including vacation leave (partial days must be
- Absences of one or more full days due to sickness
- Fees received by the employee for jury or witness
duty or military leave may be applied to offset the pay otherwise
due the employee for the week. No deductions can be made for failure
to work for these reasons, however.
- Penalties imposed in good faith for infractions
of safety rules of major significance or serious workplace misconduct.
Examples of workplace conduct that would be appropriate for reducing
the wages of an exempt worker include: sexual harassment, violence,
drug or alcohol citations, violations of state or federal laws.
Safety rules of major significance include those relating to the
prevention of serious danger in the workplace or to other employees.
- Unpaid disciplinary suspensions of one or more full
days in accordance with Cowley County Community College's employee
- Deductions for the first and last week of employment,
when only part of the week is worked by the employee, as long as
this practice is consistently applied to all exempt employees in
the same circumstances.
- Deductions for unpaid leave taken in accordance
with a legitimate absence under the Family and Medical Leave Act
- An employee who believes his or her pay has been improperly
reduced should contact the Director of Human Resources of request an
- The employee will be asked to specify in writing, using
the guidance above, the circumstances of the pay deduction and whether
it has occurred on other occasions.
- Cowley County Community College will review pay records
and interview the supervisor, as well as the payroll clerk handling
the employee's pay, to determine if the allegation is correct.
- If the deduction was in fact improper, the College will
reimburse the employee as promptly as possible (but in no case longer
than two pay periods from the date the allegation is confirmed).
- The individual(s) responsible for the error will be
investigated further to determine if this was an isolated incident
or a pattern of conduct that requires further action on the part of
the College. If warranted, the responsible person(s) will be held accountable
for the error(s) made consistent with College disciplinary policy.
- The resolution of the situation will be documented (including
confirmation by the employee that the situation has been resolved)
and placed with the employee's pay records.
- If appropriate, and as a good faith commitment to comply
in the future, Cowley County Community College will establish a practice
to regularly audit employee pay records to ensure no further issues
Adopted December 19, 2005