FLSA Safe Harbor Guidelines
It is The University of Alabama at Birmingham (UAB) policy and practice to accurately compensate employees and to do so in compliance with all applicable state and federal laws.
Employees eligible for overtime pay must maintain a record of the total hours worked each day. These hours must be accurately recorded by the employee on their timecard or in their department’s timekeeping system. Each employee must verify that the time recorded is complete and accurate (and that there is no unrecorded or “off-the-clock” work). The time recorded must accurately reflect all regular and overtime hours worked, any absences, early or late arrivals, early or late departures and meal breaks. At the end of each week, the employee should submit their actual work time on their timecard or in the department’s timekeeping system for verification and approval. Upon the receipt of each pay check, the employee should verify immediately that he/she was paid correctly for all regular and overtime hours worked each workweek.
Employees who are exempt from overtime will receive a salary which is intended to compensate them for all hours worked. This salary will be established at the time of hire or when the employee becomes classified as an exempt employee. While the salary 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 performed.
Exempt employees will receive full salary for any workweek in which work is performed. However, under federal law, an employee’s salary may be subject to certain deductions.
There are certain circumstances where deductions from salaries of exempt employees are permissible.
Such circumstances include:
- Full day absences for personal reasons, such as vacation or personal days
- Full day absences for sickness or disability which may be charged to accrued sick time
- Full day disciplinary suspensions for major safety violations or significant infractions of important written workplace conduct rules
- Full or partial day Family and Medical Leave absences
- To offset amounts received as payment for jury and witness fees or military pay
- The first or last week of employment in the event an employee works less than a full week
- Any full workweek in which an employee does not perform any work
- The employee’s portion of health, dental or life insurance premiums
- Social Security, state, federal or local taxes
- Pension plan or contributions to a voluntary retirement plan
Please note: Pursuant to UAB’s paid time off policies, employees will be required to use accrued benefit time for full or partial day absences for personal reasons, sickness, disability or other reasons. However, if an employee does not have any accrued benefit time remaining, no partial day deductions will be made from your salary unless permitted by law.
Deductions Not Allowed for Exempt Employees
- In any workweek in which you have performed any work, UAB will not reduce your salary for any of the following reasons:
- Partial day absences for personal reasons, sickness, vacation or disability (unless the FMLA provides to the contrary)
- Absences for jury duty, attendance as a witness or military leave in any week in which you have performed any work
- Any other deductions prohibited by state or federal law.
To ensure that employees are paid properly for all time worked and that no improper deductions are made, employees must review pay slips promptly to identify and report all errors.
All Employees: Review Your Pay Slip
The University takes appropriate measures to ensure our employees are paid correctly. Occasionally, however, inadvertent mistakes can happen. When a mistake does happen and is called to our attention, we will promptly make a correction. Please review your pay slip in Oracle Self Service at (http://www.uab.edu/adminsys/) when you receive it to make ensure it is correct. If you believe a mistake has occurred or if you have any questions, please use the reporting procedure outlined below.
To Report Violations of this Policy, Communicate Concerns or Obtain More Information
It is a violation of UAB policy for any employee to falsify a time record, or to alter another employee’s time record. It is also a violation of policy for any employee or manager to instruct another employee to incorrectly or falsely report hours worked or alter another employee’s time record to under or over-report hours worked. If any supervisor or employee instructs another employee to (1) incorrectly or falsely under or over-report hours worked, (2) alter another employee’s time records to inaccurately or falsely report that employee’s hours worked, or (3) conceal any falsification of time records or to violate this policy, do not do so. Instead, report it immediately to the Office of Human Resources.
Non-exempt employees should not work any hours outside of their scheduled work day unless the supervisor has authorized the unscheduled work in advance. Non-exempt employees should not start work early, finish work late, work during a meal break or perform any other extra or overtime work unless authorized to do so in advance and that time is accurately recorded in the timekeeping system. Employees are prohibited from performing any “off-the-clock” work. “Off-the-clock” work means work performed but not reported. Any employee who fails to report or inaccurately reports any hours worked will be subject to disciplinary action, up to and including discharge.
Exempt employees who believe that an improper deduction has been made to their salary should immediately report this information to their direct supervisor and notify their Human Resources Consultant. Reports of improper deductions will be promptly investigated. If it is determined that an incorrect deduction has occurred, the employee will be promptly reimbursed for any improper deduction made. If a violation of policy has occurred, the matter will be fully investigated and corrective action will be taken, up to and including discharge.
If you have questions, concerns or would like to obtain more information on this policy, inquiries can be mailed directed to the UAB Human Resources department at the address shown below:
The University of Alabama at Birmingham Human Resources
222 Administration Building
2nd Floor 1530
3rd Avenue South
Birmingham, AL 35294-0102
In addition: UAB will not tolerate any form of retaliation against individuals who report alleged violations of this policy or who cooperate in UAB’s investigation of such reports. Retaliation against employees is unacceptable and will result in disciplinary action, up to and including termination.