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Feb28
Salary Basis Defined

The following is not meant to be legal advice.

 

For compensation to qualify as a “salary basis,” under the FLSA, employees must be paid a predetermined amount on a weekly or less frequent basis.  For instance, bi-weekly, semi-monthly, annually may be less frequent basis.  An employee must be paid his/her full salary for any week where he/she performs any work, without regard to its quality or quantity.  

This rule is subject to a number of exceptions: (1) employers may deduct pay for full day absences due to personal reasons; (2) employers can prorate salary during the first or last week of employment and when an employee takes unpaid leave under the Family and Medical Leave Act; (3) deductions for full day absences due to sickness or disability may only be made in accordance with a bona fide plan, policy, or practice of providing compensation for such absences; and (4) disciplinary deductions are only permissible for violations of major safety rules and full day unpaid suspensions for infractions of workplace conduct rules.   This research may be found at 29 C.F.R. § 541.602.


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