The exemption status of the employee's position thus changes when the docking occurs, making them non-exempt, and thereby eligible for overtime for all extra hours worked" (Dorf 1994). By docking the pay of salaried workers, the company was effectively treating them as salaried employees (hence the restitution of their pay).
The employees who did work the full forty hours, however, are claiming that in doing so the company revoked their exempt status as well and because they worked more than their colleagues, they effectively worked 'overtime.' However, there are significant differences between the case of the engineering firm and that of Martin vs. Malcolm Pirnie Inc. The engineering company did act fairly in retroactively restoring pay, in an effort to comply with the FLSA by treating the workers as salaried, rather than unsalaried employees. The status can be revoked when the company treats exempt employees like nonexempt employees, but in this case the employer's actions seem to reaffirm the employees' treatment as salaried workers.
CONCLUSION
The employees who worked forty hours per week are not entitled to overtime 'back' pay because they remain exempt employees, based on the treatment of the firm.
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