Thanks for taking the time to read this post.

I have been employeed as an Asst. Mgr (salary) with a pet supply store for nearly a year now. Paid every two weeks based on 80 hours, though I am scheduled at least 100 hours every pay period.

Question(s)
1. If I take a day or even a couple hours off can my employer dock my pay? (Ex. Work 95 hrs, get paid for 75.)
2. Is there a limit to the amount of hours they can force me to work on my 'salary' pay? (Ex. I am being forced to work more than 80 in one week with no more pay.)

I have been told if I do not work the hours I am scheduled than I will be terminated. If I call off a day my check gets docked, regardless of whether I have already put in 40 or more hours that week.

Is there anything that I can do or is my employer simply within his rights?

Thanks again. Tired now.......... going to bed.

1.) You have to be paid your entire salary for every week in which you do any work (with limited exceptions*) but you can be required to use vacation, sick or personal time for either full or partial day absences.

2.) There are only two states which limit the number of hours an employee can be required to work and Ohio is neither of them.

* An exempt employee can have their pay docked when:
1.) It is the first or last week of employment and they did not work the full week
2.) They are on FMLA
3.) The employer offers a reasonable number of paid sick days and they call in sick when they are either not yet eligible for paid sick time or have used all the paid sick time for which they are eligible
4.) They take a full day off for personal reasons
5.) They have been suspended for a major safety violation
6.) They have been suspended for the violation of a written company policy which applies to all employees and which relates to workplace conduct (sexual harassment, violence in the workplace, drugs/alcohol in the workplace, etc.).

Thanks for the reply, cbg. To tell you the truth I'm not sure whether I am considered exempt or non-exempt. I would think non-exempt. Obviously my employer feels I am exempt, so how is this determination made?

Your answer to #2 doesn't really answer my question. If I am considered exempt than basically they can make me work an unlimited amount of hours in a week with no extra pay? We follow the same work schedule every week, but the owner often says we have to put in extra time. As an example, it is common to put in a 60+ work week with no extra pay. I understand that they can force overtime, but non-exempt gets overtime compensation. Is there at least a cap for hours not paid for an exempt employee?

And even if I have already worked that 60 week they still dock my pay if I take a half day. So does this seem legal?

Yes, cbg's answer to #2 DID answer the question. To be blunt, no, for general occupations, there is NO limit to the number of hours you can be required to work, whether you're exempt or nonexempt.

And maybe I can restate what cbg already said. As an exempt employee, your salary can only be docked for a partial day's absence if the absence is related to intermittent use of FMLA leave time. However, that does not mean the employer can't substitute sick, vacation, or other paid leave time for the missed hours.

Or, to put it another way, the maximum number of hours you can be required to work in a single work week (exempt or non-exempt) for general employment is 168 (7 x 24).