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Protected: FLSA Salary Basis Safe-Harbor Policy

FLSA SALARY BASIS SAFE-HARBOR POLICY

Xclusive Staffing (the “Company”) complies with the salary basis requirements of the Fair Labor Standards Act (FLSA). The Company does not make improper deductions from the salaries of exempt employees. Exempt employees are those classified as executive, administrative, professional, outside sales, computer, or highly compensated employees and who are exempt from the FLSA’s minimum wage and overtime pay requirements. Job titles do not determine exempt status.  In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the U.S. Department of Labor regulations.

If you are classified as an exempt salaried employee, you will receive a salary which is intended to compensate you for all hours that you may work for the Company.  This salary will be established at the time of hire or when you become classified as an exempt employee.  While it may be subject to review and modification from time to time, such as during salary review times, the salary will be a predetermined amount that will not be subject to deductions for variations in the quantity or quality of the work you perform.

 

You will receive your full salary for any workweek in which work is performed.  However, under federal law, your salary is subject to certain deductions.

What Deductions Are Permitted?
There are certain circumstances where deductions from the salaries of exempt employees are permissible. Such circumstances include:

  1. Absence from work for one or more full days for personal reasons, other than sickness or disability
  2. Absence from work for one or more full days due to sickness or disability if deductions made under a bona fide plan, policy, or practice of providing wage replacement benefits for these types of absences
  3. To offset any amounts received as payment for jury fees, witness fees, or military pay
  4. Penalties imposed in good faith for violating safety rules of “major significance”, such as smoking around explosive substances like gasoline.
  5. Unpaid disciplinary suspension of one or more full days imposed in good faith for violations of written workplace conduct rules, such as insubordination, rules prohibiting sexual harassment or workplace violence.
  6. Proportionate part of an employee’s full salary may be paid for time actually worked in the first and last weeks of employment
  7. Unpaid leave taken pursuant to the Family and Medical Leave Act

What to Do If an Improper Deduction Occurs
If you are an exempt employee and believe that an improper deduction has been made to your salary, you should immediately report this information to your direct supervisor, or to the Human Resources Division. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deduction made.

If you have not received a satisfactory response within ten (10) business days after reporting your concern, please immediately contact the Chief Compliance Officer, Christian Lebron, 303-430-1700, ext. 797. In addition, the Company will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in the Company’s investigation of such reports. Any form of retaliation in violation of this policy may result in disciplinary action, up to and including termination of employment.

 

Amendment

This Policy may be amended or revised from time to time as the need arises in the Company’s sole discretion.