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Connecticut Department of Labor
Salary Test For Determining Exempt/Non-Exempt Status Of Employees
"Salary basis" means a predetermined amount
paid for each pay period on a weekly or less frequent basis, regardless of
the number of days or hours worked, which amount is not subject to reduction
because of variations in the quality or quantity of the work performed, and
which amount has been the subject of an employer advisement as required by
Section 31-71f of the Connecticut General Statutes.
The employee does not have to be paid for any
workweek in which no work is performed. However, the employer may make
deductions only in the following cases:
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An employer may pay during the beginning and
ending weeks of employment a proportionate part of an employee’s salary for
the time actually worked;
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An employer may make deductions for one or more
full days if the employee is absent for personal reasons other than sickness
or accident;
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An employer may make deductions for one or more
full days of sickness or disability, only if the deduction is made in
keeping with a bona fide plan, policy or practice of making deductions from
an employee’s salary after sickness or disability leave has been exhausted,
a fact which the employer has disclosed to the employee in accordance with
Section 31-71f of the Connecticut General Statutes;
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An employer may make deductions for absences
of less than one full day taken pursuant to the federal Family and Medical
Leave Act, 29 USC 2601 et seq., or the Connecticut Family and Medical Leave
Act,
Section 31-51kk
et seq., of the Connecticut General Statutes, as
permitted by
29 CFR 825.206
or by
Section 31-51qq-17
of
the regulations of Connecticut state agencies; or
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An employer may make deductions for one or
more full days if the employee is absent as a result of a disciplinary
suspension for violating a safety rule of major significance. Safety rules
of major significance include only those relating to the prevention of
serious danger to the employer’s premises, or to other employees.
An employer may not make any deduction of any
kind for any part of a workweek absence that is due to:
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a lack of work due to the operating
requirements of the employer;
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jury duty, or attendance at a judicial
proceeding in the capacity of a witness; or
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temporary military leave.
An employer is permitted to offset payments an
employee receives for any of the services described above against the
regular salary the employee receives during the week of the absence.
An employer will not make any deduction for an
absence of less than one full day from work unless:
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the absence is taken pursuant to the federal
Family and Medical Leave Act, 29 USC 2601 et seq., or the Connecticut Family
and Medical Leave Act,
Section 31-51kk et seq., of the Connecticut General Statutes, as
permitted by
29 CFR 825.206 or by
Section 31-51qq-17 of
the regulations of Connecticut state agencies; or
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the absence is taken pursuant to a bona fide
paid time off benefits plan that specifically authorizes the substitution or
reduction from accrued benefits for the time that an employee is absent from
work, provided the employee receives payment in an amount equal to his
guaranteed salary.
An employer may not make a deduction of any
kind for an absence of less than one week which is the result of a
disciplinary suspension for violating ordinary rules of employee conduct.
A SPECIAL NOTE ON SALARY:
Many employers are under the impression that placing any employee on
salary makes them exempt. After placing an employee on salary, they fail to
maintain time records on them and disregard the requirement to pay time and
one-half for work over 40 hours in any workweek. In fact, salary is only one
part of an exemption. If the "duties" portion of the test is not met, there can
be no exemption.
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