Ohio Administrative Code › Title 3342 - Kent State University › Chapter 3342-6 - Administrative Policy on Awards and Compensation for University Employees › Section 3342-6-07.7 - Administrative policy regarding employees paid on a salary basis

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose. It is the university's intent to comply with
			 all requirements of the Fair Labor Standards Act (FLSA). All supervisors and
			 managers, therefore, are only authorized to make proper deductions from the
			 salaries of exempt employees. Furthermore, it is also the university's intent
			 to inform employees of this policy and ensure them that the university does not
			 allow deductions that violate the FLSA.
(B)
								Eligibility. The
			 policy applies to all unclassified full-time salaried employees who are paid on
			 a salary basis. Being paid on a "salary basis" means an employee regularly
			 receives a predetermined amount of compensation each pay
			 period.
(C)
								Implementation.
(1)
									The predetermined
			 amount cannot be reduced because of variations in the quality or quantity of
			 the employee's work. Subject to exceptions listed below, an exempt employee
			 must receive the full salary for any workweek in which the employee performs
			 any work, regardless of the number of days or hours worked.
(2)
									Exempt employees
			 do not need to be paid for any workweek in which they perform no
			 work.
(3)
									If the employee is ready, willing and able to work,
			 deductions may not be made for time when work is not available.
(4)
									Deductions from
			 pay. Examples of circumstances in which the university may properly make
			 deductions from pay include the following:
(a)
										For absences from
			 work for one or more full days for personal reasons other than sickness or
			 disability.
(b)
										For absences for one or more full days due to sickness
			 or disability if the deduction is made in accordance with rule3342-6- 11.3 or 3342-6-
			 11.1 of
										the Administrative Code.
(c)
										To offset amounts
			 employees receive as jury or witness fees in accordance with rule 3342-6-11.5
			 of  the Administrative
			 Code.
(d)
										For military pay in accordance with rule 3342-6-11.6 of
			  the Administrative
			 Code.
(e)
										For unpaid disciplinary suspensions imposed in good
			 faith for workplace conduct rule infractions.
(f)
										In the initial or
			 terminal week of employment, if the employee does not work the full
			 week.
(g)
										For penalties imposed in good faith for infractions of
			 safety rules of major significance.
(h)
										For weeks in
			 which an exempt employee takes unpaid leave under the Family and Medical Leave
			 Act. In these circumstances, either partial day or full day deductions may be
			 made.
(5)
									Improper deductions. If an employee believes that an
			 improper deduction has been made from his/her salary, the employee should
			 immediately report this information to his/her direct supervisor, or contact
			 the records office to initiate a review. Reports of improper deductions will be
			 promptly investigated. If it is determined that an improper deduction has
			 occurred, the employee will be promptly reimbursed for any improper deductions
			 made.
Replaces: 3342-6- 07.7