I am salary @ 40 hrs I have the opportunity to get over time but tis never allowed . I am also 34 weeks pregnant and my doctor put me on 6 hrs a day I am wanting to know if they can take my salary of 40 hrs and put me in for only the hours I work . I also have paid time off (pto) available but I can only use in increment of 8hrs.

Something not right, first salary people do not get overtime, if they are true salary. But there is also min pay amounts to be legally on salary also, and if not over that amount they have to pay over time.

Also not sure current law, since this was many years ago, but we won a law suit againt an employor that was making us punch a time clock, we were salary, they were required by the labor board to pay us every penny of overtime since they were requiring us to punch a clock.

If you are salaried exempt than you should not be punching a timecard. It is not illegal for you to punch the timecard, but it is illegal for the employer to treat you as hourly. If the employer simply collects hours for projects or FMLA or other reasons it is not illegal. If the employer is docking your hours than that is illegal for the exempt employee.

Exempt employees cannot be docked for partial days. They can only be docked for a whole day of time off. PTO can be used for the time off.

If an employer docks exempt employees for partial days off the exemption is lost and the employee becomes an hourly employee and must be paid overtime. Otherwise the exempt employee is not paid overtime.

Shirley