© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 59 Deductions may not be made from an exempt employee’s pay for any absence occasioned by the employer or by the operating requirements of the business.324 This means that if the employee is ready, willing, and able to work, he or she must be paid. For example, if an exempt employee is told not to come in to work on a particular day because there is no work for the employee to do or because the employer’s facility is closed due to inclement weather, the employee must nonetheless be paid for that day.325 Similarly, an employer may not make deductions for absences occasioned by jury duty, for attendance in a litigation proceeding as a witness, or for temporary military leave.326 An employer may, however, offset any amount received by an employee as jury fees, witness fees, or military pay for a particular week against the salary due for that week without losing the exemption.327 Deductions from salary of less than a week are only permitted in narrow circumstances specifically set forth in the regulations as described below. (1) Deductions for Disciplinary Reasons Employers may take deductions from salary for unpaid, full-day disciplinary suspensions imposed for violations of workplace conduct rules, such as sexual harassment policies or policies prohibiting workplace violence.328 Unpaid disciplinary suspensions are appropriate only where imposed pursuant to a written policy applicable to all employees.329 This exception is intended to permit employers to apply uniform progressive disciplinary rules to exempt and non-exempt employees and to assist employers in complying with laws that require them to take effective remedial action to address employee misconduct.330 Importantly, any unpaid disciplinary suspension must be made in full-day increments; deductions for partial-day suspensions are not permitted pursuant to this exception.331 Employers may also make deductions from an employee’s pay as a penalty for violating safety rules of major significance.332 The infraction must relate to a rule that is necessary to prevent serious danger in the workplace, such as violating a prohibition against smoking in an explosives plant or oil refinery.333 324 29 C.F.R. § 541.602(a). 325 Id. 326 29 C.F.R. § 541.602(b)(3). 327 Id. 328 29 C.F.R. § 541.602(b)(5). 329 Id. 330 Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, 69 Fed. Reg. 22,171 (Apr. 23, 2004). 331 29 C.F.R. § 541.602(b)(5). 332 29 C.F.R. § 541.602(b)(4). 333 Id.
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