Policy No. 547 - Fair Labor Standards Act Compliance

It is the policy of the Research Foundation of The City University of New York (Foundation) to compensate employees in compliance with the federal Fair Labor Standards Act (FLSA) and applicable state law.

This policy applies to all employees of the Foundation.

If you are classified as a non-exempt employee, you will receive overtime for all hours worked in excess of forty hours per workweek, consistent with applicable law. 

If you are classified as an exempt employee, you will be paid on a salary basis. This means your salary is a predetermined amount that does not vary based on the quantity or quality of work you perform in a given pay period, consistent with applicable law. Certain deductions, if permitted by federal and state law, may be withheld from your salary. These include (but are not limited to) deductions for:

• social security
• federal, state and local taxes
• participation in Foundation-sponsored benefit and retirement plans
• absence from work for one or more full days for personal reasons, other than sickness or disability 
• absence from work for one or more full days because of sickness or disability (including work-related accidents), where you are not
  eligible for payment under or have exhausted benefits under the RFCUNY's sick or disability leave policies
• unpaid disciplinary suspensions of one or more full days imposed on exempt employees in good faith, pursuant to the RFCUNY's written policy on disciplinary suspensions, for infractions of workplace conduct rules[1]
• a penalty imposed in good faith on exempt employees for infractions of safety rules of major significance, including full or partial day unpaid disciplinary suspensions
• full or partial days not worked during the initial or terminal week of employment
• unpaid leave under the Family and Medical Leave Act, whether taken in full or partial day segments

However, deductions from exempt employees' salary may not be made for absences from work caused by the Foundation or by the Foundation's operating requirements (for example, if the Foundation closes its facilities on a scheduled work day), if you are ready, willing and able to work, nor for any other reasons prohibited by federal or state law.

If you have questions about payment of overtime, deductions from your salary, or any other issues regarding your rate of pay, you should contact the Foundation's Office of Human Resources.  If you believe that the Foundation has improperly failed to pay you for overtime or that your salary has been subject to improper deductions, you should immediately report your concern to your immediate supervisor or manager. If you feel uncomfortable complaining to your supervisor (or if you have not received a prompt and fully acceptable reply), you should immediately contact the Foundation's Office of Human Resources. Every report will be fully investigated and if a violation is found, corrective action will be taken, including but not limited to full reimbursement of inappropriately withheld amounts. 

It is against Foundation policy to retaliate against any employee who makes a complaint in good faith pursuant to this policy. Any form of retaliation that occurs in violation of this policy may result in disciplinary action, up to and including discharge.

This policy is effective immediately.

[1] Unpaid Disciplinary Suspensions

Employees may be placed on an unpaid disciplinary suspension for violation of the Foundation's workplace conduct rules including, but not limited to, rules and policies concerning harassment, discrimination, workplace violence, drug or alcohol violations, or any violation of applicable federal, state or local laws.  Unless otherwise provided for in applicable collective bargaining agreements, nothing in this "Unpaid Disciplinary Suspensions" section either obligates the Foundation to continue an employee's employment for any period of time or in any way changes the agreement and understanding that employment with the Foundation is at-will, that either the employee or the Foundation may terminate the employment relationship at any time, with or without notice or cause, and that the Foundation is not bound to follow any policy, procedure, or process in connection with employee discipline, employment  termination or otherwise.