No, assuming that the employee continues to receive a salary of at least $455 per week and performs the duties required for exempt status. An exempt employee may receive commissions or other compensation in addition to a guaranteed salary. The amount of that additional compensation is a matter for agreement between the employer and the employee.

An executive, administrative or professional employee must receive a guaranteed salary equivalent to at least $455 weekly to be exempt from overtime compensation requirements. The salary established for any given pay period may not be reduced because of cash-register shortages or other deficiencies in job performance. The only exceptions are deductions for violating safety rules of major significance or full-day suspensions for workplace misconduct of a serious nature.

The prohibition against deductions does not extend to commissions, bonuses, extra hourly pay, paid time off or other compensation paid in addition to salary. Deductions from commissions are valid, provided the commissions are not paid merely to enable otherwise prohibited deductions from the salary portion of compensation. For example, one court held that an agreement to reimburse losses was invalid because it allowed money to be withheld from salary as well as other forms of compensation.

Cite: W & H Opinion Letter No 2516 (FLSA2006-24), July 6, 2006, 05-08 CCH WH ¶31,406.