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Disciplinary Suspensions of FLSA Exempt Employees
DEPARTMENT OF ADMINISTRATIVE & FINANCIAL
SERVICES
Bureau of Employee Relations
Telephone (207) 287-4447
FAX (207) 287-4452 TTY (207) 287-4537
No.: OSER-50 |
Subject: Disciplinary Suspensions of FLSA Exempt Employees
To: All Holders of Employee Relations Manuals
From: Kenneth A. Walo, Director, Bureau of Employee Relations
A recent letter ruling from the Federal Department of Labor's
Wage and Hour Division has established that a public employer may not
impose a disciplinary suspension without pay of an FLSA exempt employee1
for less than one week. The only exception is that an exempt employee
may be suspended without pay for less than one week as a penalty "in
good faith for infractions of safety rules of major significance." Please
contact this Bureau if you are contemplating a less than one week suspension
of an exempt employee for such infractions.
The above paragraph does not relieve the employer of the
need to have just cause for any suspension or other discipline. In other
words, if the misconduct would ordinarily warrant only a one
day suspension,
you may not impose a one week suspension to meet the FLSA requirements.
, Instead, a written reprimand in lieu of suspension would be an appropriate
penalty. If you are in doubt about the appropriateness of a disciplinary
penalty, please contact this Bureau.
IMPORTANT BULLETIN - TO BE RETAINED IN EMPLOYEE RELATIONS MANUAL
1 An employee who is overtime-exempt is generally FLSA exempt. If you have any question whether an employee is FLSA exempt, contact Freeman Wood.
