Safe Harbor
•The exemption will not be lost if the employer:
*Has a clearly communicated policy prohibiting improper deductions and including a complaint mechanism;
*Reimburses employees for any improper deductions; and
*Makes a good faith commitment to comply in the future
•Unless the employer willfully violates the policy by continuing to make improper deductions after receiving employee complaints
The regulations provide a safe harbor for employers who have a clearly communicated policy prohibiting improper deductions.  If an employer (1) has such a clearly communicated policy which prohibits improper deductions and includes a complaint mechanism, (2) reimburses employees for any improper deductions, and (3) makes a good faith commitment to comply in the future, then the employer will not lose the exemption for any employees unless the employer willfully violates the policy by continuing to make improper deductions after receiving employee complaints.