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The full case caption appears at the end of this opinion.

Flaum, Chief Judge. Vicky Whetsel appeals the district court’s grant of summary judgment in favor of Network Property Services, LLC (“NPS”) on her claim under the Fair Labor Standards Act (“FLSA”). The court determined that regardless of whether Whetsel was subject to a practice or policy of improper deductions, NPS properly took advantage of the regulatory window of correction. Whetsel, joined by the Secretary of Labor (“Secretary”) as amicus curiae, argues that the window is not available where the employer maintains a practice or policy of docking employees’ pay. For the reasons stated herein, we reverse and remand.

I. Background

Whetsel was an employee of NPS from January 3, 1996 to January 27, 1999. NPS considered her employment to be exempt from the FLSA, and so she was not paid overtime regardless of the number of hours she worked. During the relevant time period, NPS employed a total of sixteen salaried employees that it claimed were exempt from the overtime provisions of the FLSA.

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