The company I work for merged with another company & they tried to cut me down to 2 days a week at hourly pay(possibly a tactic to get me to quit). As this was not acceptable, I quit. Now they are trying to pay me only half of my salary for that week. (I had worked 5 of the 7 days of that work week and 55 hrs.)

Is this legal?

I called the State Dept. of Labor and was told it was not by one individual, who worked there, and called again the next day - and that person told me it was!

Who is right? Also, since my hours were not kept track of, my employer is trying to say I worked less hours than I did. So, how do we decern how MUCH I should get, since they are lying about my hours & they do not keep track of my hours... if it is legal cut my salary for the week?

If you were paid on an hourly basis they must pay you for the hours you actually worked. If they do not, file a claim with the state DOL. While they can lower your rate of pay at any time, if you weren't informed of it, chances are the DOL isn't going to buy that as an excuse for paying for fewer hours.

You file the claim with your records. The employer has to prove that you did NOT work the hours you claim. Now, on the time sheets you turned in, if you were instructed to mis-report your hours, you will have to tell the DLSE that as well.

I am not paid hourly... I am paid a weekly salary... not matter how many/little hours I work. Hence my employer does not keep track of my hours... no time clock, no time sheet filled out. It has been that way since I was hired.

You just said they changed you to hourly and that is why you left.

If you were paid on an exempt basis, then the number of hours you worked is irrelevant. The first week and last week of employment the employer is permitted to pro-rate the salary to reflect the days you worked.

It was when they told me they wanted to cut me down to 2 days at hourly that I quit. They had not switched me over, I had never punched into a time clock or filled out any time sheets or given an hourly pay check.

How is it decided to prorate on a salary basis, since I worked 5 days and 55 hours? - Especially since my hours (and days worked) were not documented ever?

I have some additional questions:
How is the workweek defined?
What are your normal scheduled days to work?
What was your last day worked?

The workweek is a predefined 7 day period. It does not have to be a calendar week but it should be the same 7 day period on a consistent basis.

workweek: thurs. to wed.
workweek defined: one week (weekly pay period)
no "normal" days... I do what needs to be done when it needs to be done, no schedule, no overtime - no specified days off.
last day worked: Mon. (this Mon.)

thank you for your time and effort!

Well the hours wouldn't work so much as the number of days in the set workweek as your employer defined it. Not so much our work schedule, but your employer's work week.