Safe Harbor Policy for Exempt Employees

Exempt salaried employees receive a salary that is intended to compensate for all hours worked for Midi. This salary is established at the time of hire. While it may be subject to review and modification from time to time, such as during salary review times, the salary is a predetermined amount that is not subject to deductions for variations in the quantity or quality of work.

Under federal and state law, exempt salaried employees’ salaries are subject to certain deductions. For example, absent contrary state law requirements, exempt salaried employees’ salaries are subject to reduction for the following reasons:

  • Full day absences for personal reasons;

  • Full day absences for sickness or disability;

  • Full day disciplinary suspensions for infractions of our written policies and procedures;

  • Family and Medical Leave absences (either full or partial day absences);

  • To offset amounts received as payment for jury and witness fees or military pay; or

  • The first or last week of employment in the event of less than a full week worked.

Exempt salaried employees’ salaries are also subject to reduction for their portion of health, dental, or life insurance premiums; state, federal, or local taxes; social security; or voluntary contributions to a 401(k) or pension plan.

In any workweek in which exempt salaried employees perform any work, their salary is not subject to reduction for any of the following reasons:

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

  • Absence due to Midi’s decision 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 any work is performed; or

  • Any other deductions prohibited by state or federal law.

However, subject to applicable state and local laws, it is not an improper deduction to reduce exempt salaried employees’ accrued vacation, personal, or other forms of paid time off banks for full or partial day absences for personal reasons, sickness, or disability.

Employees who believe they have been subject to an improper deduction should report the matter to Human Resources immediately. If Human Resources is unavailable or is an inappropriate person to contact, or if a prompt and fully acceptable reply has not been received within five (5) business days, our COO at sharon@joinmidi.comshould be contacted.

Every report of improper deductions will be fully investigated and corrective action, up to and including discharge, will be taken, as appropriate, for any employee(s) who violates this policy. In addition, Midi will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in Midi’s investigation of such reports. Retaliation is unacceptable, and any form of retaliation in violation of this policy may result in disciplinary action, up to and including discharge.