Sample handbook language about flsa safe harbor

The rules state that the salary basis component of the exemption test is not lost if the employer:. This safe harbor is not available, however, if the employer willfully violates the policy by continuing to make improper deductions after receiving employee complaints.

Jackson Lewis is pleased to provide the two sample policies below one of which is for employees with fluctuating workweeks. Please note the sample policies are not intended to be legal advice. Any use other than for educational purposes is the sole responsibility of the user. Users should consult legal counsel about the policy language that is appropriate for their individual workplaces. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient.

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HR Question of The Week. To meet the requirements of the safe harbor provisions, the employer must do the following: Establish a clearly communicated policy prohibiting improper deductions and including a complaint mechanism; Reimburse employees for any improper deductions in a reasonable time frame; and Make a good-faith commitment to comply in the future.

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