I have read over the other posts and I can't quite find an answer to my questions, so here are mine.

I am a salaried employee, but I am not sure if I am exempt or non-exempt, I have read the laws/rules but I am still unclear. My job responsibilities are product marketing, some outside sales, client entertainment, PR, and office administation duties.

Also, I work over 40 hours several weeks out of the month. I am never paid overtime for that. I recently took a sick day and I was docked 8 hours. Is that legal? This is just my opinion, that's why I'm asking for your assistance, but I shouldn't be docked 8 hours, if I am consistantly working over 40 hours and not being paid over time. Is that correct?

Thanks for your answers in advance.

Does your employer offer paid sick days? If so, how many? Had you already used them (or possibly not been eligible yet for them)?

The answers to the above make a difference in the answer to your question.

You have not provided enough detail to say for certain if you are exempt or non-exempt; however, nothing in your post rules out exempt status and in fact on what little you posted I'm leaning towards exempt (which means you are not entitled to overtime, but makes the answers to my question more important).

My employer offers 5 vacation/sick days a year. I am eligible for them. I have only used 2 total.

An exempt employee whose employer offers a reasonable number of paid sick days (five is considered reasonable) and who has used all that they are eligible for or who is not yet eligible for them, CAN legally be docked, in full day increments, for missing time due to illness.

Normally I would expect that if you have five days a year and have only used two, that you would be able to use the other three as needed; however, I have worked for employers where there are limits on sick days used; i.e. only so many per quarter. IF that is the case where you work, it would be legal to dock you even though you may still have days available to you for the remainder of the year, since technically you would not be eligible for the rest AT THIS PARTICULAR TIME.

Can you help me determine if I am exempt or non-exempt, for the overtime pay?

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

You can contact the DOL at (866)4-USWAGE for further information.

BTW, a non-exempt employee does get overtime when they work over 40 hours in a work week, but they never have to be paid when they do not work.

The fact that part of your work includes some outside sales you may be considered as an exempt employee, in which overtime is not authorized.

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17f_outsidesales.htm