My wife is paid a fixed figure twice a month. How do I determine if she is exempt? If she is exempt can her employer dock her for holidays for the first 90 days. It would seem to me that if she is paid a fixed figure that they can't dock her for holidays EVEN in the initial 90 employment period. Help me sort this out

That is correct. What are her job duties?

I take it from your reply "that is correct" that she CAN NOT be docked for holidays. Does that apply to the 90 day probation period. She is an RN Case Manager at a home health. She gets on call pay every so often when she is on call for a week. She also gets a fee for certain services provided after hours WHILE on call. She has been employed just long enough to get her first bi-monthly paycheck. They docked her for Thanksgiving and either the day before or the day after.. . How do you determine if she is an exempt employee? Do you have some case law to refer to or a site to refer to?

Thank for your prompt reply...

Yes. It applies to the "probation" period as well. She might qualify under the Professional or Administrative exemptions. See here:
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17d_professional.htm
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17c_administrative.htm

Thanks for your reply and the links. My wife is going to approch her employers HR about this. I will let you know the results.