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Is an employee due overtime compensation if their pay was docked below $455 for the week?

Could an employee be removed from FLSA EXEMPT status and be due overtime compensation if their pay was docked due to taking a sick/personal day resulting with a pay of less that $455 for the week (as specified by the Department of Labor)? My wife has been working a minimum of 56 hour weeks, is salary pay, and makes just above the $455 limit for exemption from FLSA. She does not qualify exempt for Executive, Administrative, Professional, Computer, & Outside Sales as her primary duties are cashier related. During bad winter weather I fell ill and she had to remain at home with our child. She called her employer in advance, he seemed understanding and didn't inform her that she wouldn't be compensated. It came as a surprise 2 weeks later to find that her pay had been docked nearly $70 for the incident. However, since the pay was shorted it dropped her below the FLSA exemption for the week. Is she due overtime compensation for the 16 hours over 40 that she worked that week? Also, she is paid biweekly, since the gross pay for both weeks is below $910, does this mean she might qualify for overtime compensation for 2 weeks? She really wants to switch jobs as this employer is rubbish, but cannot find anyone hiring. They say that they cannot afford her as an hourly employee and she doesn't qualify for the management position as it is not her "job title" (even though she has managerial duties).

Public Comments

1. Sorry but no, an unpaid absence would not "re-qualify" her job position. Else, everyone on salary that generally works more than 40 hours a week (nearly ALL except government salaried workers), would just miss a day and get months worth of work re-qualified. Sorry she feels she is getting the shaft. There is a solution to that, have her get her resume together and find a new job. Good luck
2. Since she is salaried, there is probably nothing she can do. I would raise hell over the dock pay though. If she was working that many hours over 40 and not getting paid for it. Them wanting to dock her when she missed a little time is not right. I would definately bring that up.
3. She should call the wage board of her state and find out the rules. Generally speaking they can't treat a salaried employee like an hourly employee. Just because she earns $455 a week does not mean she is automatically exempt from overtime pay. If her employer is found guilty of skirting overtime rules, she could be eligible for triple damages. Defintely call a government office and ask for help on FLSA (Fair labor standards act).
4. I have to agree with the other answer that states that just because a person is salaried doesn't mean they don't get overtime. I was salaried for most of my working life and still got overtime. You have to be exempt or meet other requirements to not get overtime. You have to have special skills, such as an engineer, manage at least a certain number of people, and things like that. Just being salaried doesn't mean no overtime. If you are exempt, you get your monthly wage, regardless of number of hours worked, be it 56 or 26. This is what being salaried means. Usually, a company understands that an exempt person works more than 8 hours a day or 40 hours a week. If that person works less one day or week, they consider it compensation for all the other hours worked. Basically, they shouldn't try to have it both ways. You can't have a salaried person when they work more than 40 hours a week, but a non-salaried person when they work less than 40 hour a week. I strongly urge you to contact your state labor board.