Safe Harbor Policy For Exempt Team Members

It is Southwest Care Center's  policy and practice to accurately compensate team members and to do so in compliance with all applicable state and federal laws. To ensure proper payment and that no improper deductions are made, team members must review pay stubs promptly to identify and report all errors.

Those classified as exempt salaried team members will receive a salary which is intended to compensate them for all hours they may work for Southwest Care Center. This salary will be established at the time of hire or classification as an exempt team member. While it may be subject to review and modification from time to time, such as during salary review times, the salary will be a predetermined amount.

Under federal and state law, salary is subject to certain deductions. For example, unless state law requires otherwise, salary can be reduced for the following reasons:

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• full-day absences for personal reasons;

• full-day absences for sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing wage replacement benefits for such absences (deductions also may be made for the exempt team member's full-day absences due to sickness or disability before the team member has qualified for the plan, policy or practice or after the team member has exhausted the leave allowance under the plan);

• full-day disciplinary suspensions for infractions of our written policies and procedures; Family and Medical Leave Act absences (either full- or partial-day absences);

• to offset amounts received as payment from the court for jury and witness fees or from the military as military pay;

• the first or last week of employment in the event the team member works less than a full week; and

• any full work week in which the team member does not perform any work.

Salary may also be reduced for certain types of deductions such as a portion of health, dental or life insurance premiums; state, federal or local taxes; social security; or voluntary contributions to a 401(k) or pension plan.

 

In any work week in which the team member performed any work, salary will not be reduced for any of the following reasons:

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• partial day absences for personal reasons, sickness or disability;

• an absence because the Organization has decided to close a facility on a scheduled work day; absences for jury duty, attendance as a witness, or military leave in any week in which the team member performed any work (subject to any offsets as set forth above); and

• any other deductions prohibited by state or federal law.

 
However, unless state law provides otherwise, deductions may be made to accrued leave for full- or partial-day absences for personal reasons, sickness or disability.

If team members believe they have been subject to any improper deductions, they should immediately report the matter to a supervisor. If the supervisor is unavailable or if the team member believes it would be inappropriate to contact that person (or if the team member has not received a prompt and fully acceptable reply), they should immediately contact Director of Human Resources or any other supervisor in Southwest Care Center with whom the team member feels comfortable.