Docking an Exempt Employee’s Pay

Policy Statement

The University prohibits improper deductions from pay and considers improper deductions as serious violations of University policy.

Reason for Policy

Adelphi University conforms with the Fair Labor Standards Act (FLSA) of 1938, as amended, and state and local laws in paying salaried exempt employees.

Who Is Governed by this Policy

Faculty and Staff

Policy

Exempt employees are those who are exempt from certain wage and hour laws, i.e., overtime pay, and are usually administrative, executive, or professional employees who receive an annual salary, in equal payments bi-weekly or semi-monthly. Exempt positions are identified by the Office of Human Resources.

An exempt employee must be paid on a salary basis and their pay may not be docked unless one of the following occurs. Improper docking risks the loss of exemption.

1. Absences from work for one or more full days for personal reasons;
2. Absences from work for one or more full days due to sickness or disability if eligible for a sick leave program and the employee has yet to qualify for it or has exhausted the leave available;
3. Penalties imposed for violating major safety rules;
4. Time not worked during the first or last week of employment;
5. Unpaid leave taken under the Family and Medical Leave Act;
6. Unpaid disciplinary suspensions of one or more full days. This would allow the suspension of an exempt employee in full day increments for such things as violation of harassment or other serious workplace policies.

Definitions

This policy does not have definitions associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Procedures

Departments must submit Payroll Transaction Forms (PTFs) to the Office of Human Resources to have an exempt employee’s pay docked. Employees who believe their pay has been improperly reduced should contact Human Resources to request an investigation. Human Resources will then review the complaint to determine if the allegation is correct. If the deduction was improper, Adelphi will reimburse the employee as promptly as possible.

Forms

This policy does not have forms associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Related Information

This policy does not have related information at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Document History

• Last Reviewed Date: March 23, 2023
• Last Revised Date: September 17, 2018
• Policy Origination Date: Not known

Who Approved This Policy

Policy Owner and Executive Leadership