I am a Service Manager on a salary. I average about 55 hrs. per week and have worked up to 80 hrs. a few times. I only get payed for 40 hrs. I recently took off for a operation and worked 35 hrs. one pay period & 33 hrs. another, but was only paid for 24 hrs each check because I only worked 3 days each week. This is only one example of many. I am docked when I miss work, but not compensated when I work over. Am I right for seeing this as a concern? Or do they have the legel right to do this? What are Louisiana's Labor Law on Salary positions? Please Help!!

It's not a matter of being salaried, it's whether or not you are EXEMPT status, which if you are, won't be entitled to OT.

Visit this site http://www.dol.gov/esa/regs/compliance/whd/whdfs17.htm
for info or ask your employer about your status.

I am considered to be "Executive Exemption". Now saying that, I understand not being paid the OT, but should I my pay be docked for when I go under 40 hrs. per week?

If your employer gives you a sick bank, and you have used that up, they can dock you for a day's pay or more, but not less than one day.

http://www.toolkit.cch.com/text/P05_4127.asp

Docking Exempt Employees' Time

By definition, exempt workers are paid by salary, which means that they get the same amount of pay per week regardless of how many hours they work in a week. Deducting pay from an exempt employee for absences of less than one day is illegal. You can, however, "dock" an exempt employee's pay for an absence of a whole day.

If an exempt employee calls in sick and plans on being out for the entire day, you can "dock" his or her pay for the whole day and make up for the loss from a sick or vacation leave plan, if you offer those kinds of benefits.

If you do dock an exempt employee for any reason, other than for a major safety violation, that employee loses their exempt status for that pay period, not just that week. If that occurs, then you will have to pay any overtime to that employee that may be due for that pay period. If you make a habit of "docking" exempt employees for absences of less than one day, you risk losing the exemption completely, which could make you liable for back overtime pay over a longer period of time.

If your employer gives you a sick bank, and you have used that up, they can dock you for a day's pay or more, but not less than one day.

http://www.toolkit.cch.com/text/P05_4127.asp

Docking Exempt Employees' Time

By definition, exempt workers are paid by salary, which means that they get the same amount of pay per week regardless of how many hours they work in a week. Deducting pay from an exempt employee for absences of less than one day is illegal. You can, however, "dock" an exempt employee's pay for an absence of a whole day.

You say that it's illegal to doc an exempt employee for a half day or less than a whole day, what do you base that on? Is there a case you can reference or a specific law?

Be cause my employer has done that to me.

Tboy, the FLSA requires that an employer pay an exempt employee their full salary for every week in which they perform any work at all, with limited exceptions. Only one of those exceptions permits the employer to dock you for partial day absences.

That exception is FMLA. If you were out for an illness or other condition that qualifies under FMLA, it is legal to pay you only for the time you actually worked. If it's for any other reason, your pay can only be docked in full day increments only. So if you worked for any part of the day, you have to be paid for the full day.