§ 4-9. Safe Harbor Policy for Exempt Employees

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

Employees classified as exempt salaried employees will receive a salary which is intended to compensate them for all hours they may work for City of Alamogordo. This salary will be established at the time of hire or classification as an exempt employee. 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 that will not be subject to deductions for variations in the quantity or quality of the work performed.

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:

• Full-day absences for personal reasons;

• Full-day absences for sickness or disability;

• Full-day disciplinary suspensions for infractions of any City policy and/or City of Alamogordo Ordinances;

• Family and Medical Leave 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 employee works less than a full week; and

• Any full work week in which the employee 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 contributions to a deferred compensation or pension plan.

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

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

• An absence because the employer 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 employee 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.

Exempt employees who are absent from the workplace less than a full day, but more than half of their scheduled work day are required to use accrued leave for the number of hours equal to half of the work day.

If the employee believes he or she has been subject to any improper deductions, the employee should immediately report the matter to a supervisor. If the supervisor is unavailable or if the employee believes it would be inappropriate to contact that person (or if the employee has not received a prompt and fully acceptable reply), he or she should immediately contact Department Timekeeper, Human Resources, or any other supervisor in City of Alamogordo with whom the employee feels comfortable.

(Ord. No. 1547 , 1-19-18)