I am manager for a cellular authorized agent store in Virginia. I was hired on as an hourly employee after receiving overtime for several weeks I was switched to a salary employee. There was no increase in pay just my hourly pay times fourty. However, I was still expected to work over fourty hours per week. In July my grandfather passed away and I took some bereavement time. Nothing was said about that. Then on Thanksgiving night my brother-in-law commited suicide, my sister witnessed this and I was with her all night at the emergency room. I was to work on Friday morning at 7am. I had the shift covered and took Friday off. Saturday was my scheduled day off and I took it as well. When I got my check on Monday it was not right. I called my district manager and he told me that they docked my pay for not being at work on Friday. That I should have been there no matter what and that I took 3 days bereavement pay in July and you only get 3 days per year. I have read the hand book and no where in there does it say 3 days per year. I know that he was not considered immedite family but there was no way I could have worked on Friday after that. My question is if I am now considered a salaried employee who normally works well over 40 hours per week and gets paid no overtime for it can they just with hold my pay like that?

Yes, they can. They are not required by any law to provide paid bereavement time, regardless of whether the deceased is a family member or not. The law specifically provides that exempt employees can be docked if they miss a full day or more for personal reasons.

My question is if I am now considered a salaried employee who normally works well over 40 hours per week and gets paid no overtime for it can they just with hold my pay like that? Yes. An exempt employee can be docked a day's pay if he is absent for a full day for purely personal reasons.

The larger question here though is whether your position actual qualifies for exempt status. Managers in retail sales establishments often do not. You may wish to contact your State's Department of Labor and discuss your job duties with them - they can advise you whether you should be receiving OT pay.

My condolences on the losses your family has experienced.