§ 2-412.1. Exempt employee pay practice.  


Latest version.
  • It is our policy and practice to pay our exempt employees accurately and in accordance with all applicable state and federal laws. In the event that we make an error in the processing of the payroll of an exempt employee, we will promptly make corrections to improper deductions or incorrect amounts as soon as practicable after we become aware of it.

    Employees are encouraged to review pay stubs when receiving them to make sure they are correct. Any questions as to the amount or nature of any deductions, or if an employee believes that an improper deduction was made from the paycheck, should be immediately brought to the attention of the employee's immediate supervisor or the Accounting Administrator.

    Scope.

    This policy applies to all exempt employees. Exempt employees are those employees who meet the qualifications for exempt status as defined by the Fair Labor Standards Act. These employees include, but are not limited to, executive, administrative, and professional employees who make more than $455.00 a week, are paid on a salaried basis, and have job duties that qualify the employee for the overtime exemption.

    Practice.

    Exempt salaried employees are paid a salary each pay period regardless of hours worked (with very limited exceptions) and the pay is intended to be full compensation for the work completed during the covered work week(s). A salary may be changed from time to time due to a salary review, promotion, or other change in job duties. However, the paychecks of exempt employees are not subject to deductions for variations in the quantity or quality of the work performed.

    There are certain specific deductions allowed under federal and state law. Salary deductions for exempt employees can be made for the following reasons:

    A.

    Full day absences for personal reasons.

    B.

    Full day absences for sickness or disability after all paid time has been exhausted.

    C.

    Full day disciplinary suspensions for serious infractions of written policies.

    D.

    Absences covered by the Family and Medical Leave Act (FMLA);

    E.

    To offset amounts received as payment for jury and witness fees or military pay.

    F.

    The first or last week of employment in the event you work less than a full week.

    G.

    Employee contributions to benefit plans such as 457 plan, pension plan, medical, dental, life or disability insurance premiums, or other voluntary deductions.

    H.

    Federal state or local taxes.

    I.

    Garnishments and other support orders directed via court order.

    In a work week in which the employee performed any work, we will not make deductions for any of the following reasons:

    A.

    Partial day absences for personal reasons, sickness or disability.

    B.

    Closure of the work facility or lack of work of less than a full week.

    C.

    Absences for jury duty, attendance as a witness, or military leave in any week in which you have performed any work.

    D.

    Any other deductions prohibited by state or federal law.

    We are entitled to charge absences for personal reasons, sickness or disability to an employee's sick time, vacation time or other paid time off eligibility.

    Questions, Complaints and Reporting Errors.

    Questions regarding this policy should be directed to the employee's immediate supervisor or the City Administrator. Likewise, to register a complaint or to report an error on the employee's paycheck, the employee shall contact his or her immediate supervisor or the Accounting Administrator.

    If an employee has not received a satisfactory response within five (5) business days after reporting the error, the employee shall immediately contact the City Administrator.

    Responsibility for Implementation.

    The Accounting Administrator has the specific responsibility to investigate every error reported and to correct every error made.

    No Retaliation.

    No employee will be retaliated against for making a good faith inquiry as to the status of deductions made from an employee's paycheck.

(Ord. No. 3-2014, § III, 1-21-2014)