If your employment is based on a 7-day, 40-hour workweek, you shall be paid at time and a half. this is the law under the Federal Fair Labor Act. How can you be a salaried employee and an hourly employee all at the same time? The key here is 40 hours, not matter how they are worked, in a 7 day workweek.

This is a duplicate question , please ignore.

There seems to be some confusion on this issue, so I will explain in detail. You are either an hourly or salary employee. If you are a salary employee you get a flat pay every week, regardless as to how many hours you actually work. This does not mean that your employer can't track your hours. All it means is that your employer can't pay you less if you work less than 40 hours in a given week. It also means that the employer does not have to pay you more if you work over 40 hours in a week. If your employer is actually adjusting your paycheck based on the number of hours being worked, then you are an hourly employee and entitled to overtime, etc. If your employer makes you punch a time clock but pays you a flat rate each week, then you are a salary employee. In the comment above you wrote: "The real issue of course is that several more hours are being worked at night and on weekends which aren't counted toward the 40 hours because I'm not clocked in." If you are salaried this is irrelevant because you get paid the same no matter how much you work. However, you may want to bring this to your managers attention. If the company makes you punch a timecard for the purpose of tracking hours, then they are collecting inaccurate information. If they are making you punch a timecard due to some government reporting requirment, then they are misrepresenting the actual hours worked.

to answer your first question, no. I don't punch a time card and I work 40 hrs per week. However if I were to cover another shift, not weekends (work a double) I will be paid an hourly rate base on my yearly salary/2080hrs. I am an exempt employee,but my employer has at, their discretion, made a stipulation for excessive hours worked over 40hrs per a 5 day week. In this instance my employer does not have to pay overtime. Your employer can require you to punch a card (like a truck driver) to keep track of federaly mandated hour worked, but when you are working you should always be punched in.

You can clock in and clock out (for tracking purposes), but if you are truly exempt, they can not reduce your salary unless you have been out for more than one full day. You will also not receive OT for time over 40 hours.