Overview: In addition to withholding amounts from employees' wages that are required by law - such as income and employment taxes - employers also make many other types of employee pay deductions. To stay in compliance with applicable laws and rules, employers should be well versed in all types of deductions.
Author: Rena Pirsos, JD, Legal Editor
An employer may use this policy to ensure they will meet the requirements of the "safe harbor" provision of the Fair Labor Standards Act (FLSA). Under the "safe harbor" provision, employers that inadvertently make improper deductions from the pay of exempt employees can shield themselves from overtime liability if they adopt a salary basis policy and take other steps.
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An employer may use this policy to implement suspensions with or without pay. A suspension policy may complement an employer's existing discipline policies, such as a progressive discipline policy. An employer should consult all relevant federal, state and local laws and any applicable employment contracts before instituting a suspension without pay.
Under a new Kansas law effective July 1, 2013, employers will be permitted to make new types of pay deductions in addition to the few that are currently allowed.
If Congress and the White House do not reach a deal on the sequestration,employers with federal contracts should be prepared to take immediate action to deal with drastic cuts in government spending that will result. Federal contractors should anticipate how the sequestration will directly affect their workplace with respect to complying with Worker Adjustment and Retraining Notification (WARN) Act, wage and hour requirements, benefits and immigration status as well as unions and collective bargaining agreement issues. Employers should also expect possible lawsuits from workers laid off due to spending cuts.
HR guidance on employee pay deductions and applicable federal and state laws.