Skip to main content

Safe Harbor Policy for Exempt Employees (Policy)

Office of Origin: Human Resources            
Responsibility: Executive Director, Human Resources 
Original Date Adopted: 10/25/22 (estimated)
Dates Reviewed: 10/25/22, 2/5/24, 9/10/25(C)
Last Date Board Approved: 10/25/22


It is the Lake Michigan College’s (“College”) intent 1) to pay all employees qualifying as exempt under the current provisions of the Fair Labor Standards Act (“FLSA”) on a salary basis, 2) to prohibit improper deductions from the salary of FLSA exempt employees, and 3) to correct any improper deductions.

An employee qualifying as exempt under FLSA provisions will receive their full salary for any week in which the employee performs any work, regardless of the number of days or hours worked, except as follows:

  1. If an employee is absent from work for a full day or more for personal reasons other than sickness or disability;
  2. If the employee is absent from work for a full day or more for sickness or disability as long as the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for loss of salary caused by sickness or disability; 
  3. As a penalty imposed in good faith for violations of major safety rules;  
  4. As a disciplinary suspension of one or more full days imposed in good faith for violations of workplace conduct rules; 
  5. For time not worked during an employee’s initial or terminal week of employment; and 
  6. For unpaid leave taken under FMLA. 

If, at any time, the College inadvertently but improperly deducted pay for time not worked from an exempt employee, it is the College’s intent to fully reimburse that employee in a timely manner. If an employee believes that their salary has been subjected to an improper deduction, please contact HR. The matter will be reviewed, and steps will be taken if and as necessary to provide reimbursement.  

References:     Fair Labor Standards Act

 

Back to Top