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Home > OER Manual > Disciplinary Suspensions of FLSA Exempt Employees

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

Date: May 21, 1998

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.

 

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