Today’s guest post comes from Jeff Wilcox, an associate at the Hill Ward Henderson firm in Tampa. He will be presenting at the Florida Law Alliance Fall Employment Law Conference taking place on Friday, November 10, 2017 (see below for more details):

Are you making deductions from your exempt employees’ pay? If so, you may lose the right to classify the employee as exempt and, as a result, may end up owing the employee overtime pay for all overtime hours worked over the last two, or possibly three, years.

As a general rule, the Fair Labor Standards Act (FLSA) does not permit deductions from an exempt employee’s salary, because the salary cannot be dependent on the number of days or hours he or she works, or even the employee’s quantity or quality of work. There are, however, limited exceptions where deductions can be made. For example, if the employee is absent from work for one or more full days for personal reasons, a deduction is permissible. Moreover, if the employee is absent from work for one or more full days for sickness or disability, and the deduction is made in accordance with a bona fide “sick leave” plan, policy, or practice, a deduction is again permissible. Other limited exceptions exist, and it is important for employers not to deduct from an exempt employee’s salary unless one of the exceptions applies.

Join us in Fort Lauderdale in November

If you would like to learn more on this topic, please join me at the Florida Law Alliance Fall Employment Law Conference on Friday, November 10, 2017, at the Royal Sonesta Fort Lauderdale Beach Hotel.

The Society for Human Resource Management (SHRM) has approved this course for 5.0 PDCs. HRCI has also approved this course for 5.0 Recertification Credits (General).The course has been approved for Continuing education credits are available.

Overnight Accommodations Needed?

A group rate of $159 (single or double occupancy) plus tax is available to all attendees the night of November 9. Reservations should be made by calling Sonesta Fort Lauderdale at 954-302-5205 and ask for the Florida Law Alliance rate. After October 9, reservations will be accepted based on availability at the prevailing hotel rate. The cost of overnight accommodations is not included in the registration fee.


Cost is $50/per person and includes a breakfast, lunch, valet parking and seminar materials.

Click here to register online.

Click here to download the seminar brochure.

If you have any questions, please contact me or by phone at 813-222-8725. You may also contact Gail Lamarche, Henderson Franklin’s Director of Marketing and Business Development at or by phone at 239-344-1186.