Is it illegal if you are salaried? Or how about if you have to take a dump? Or if I think about a problem while eating dinner?
Salaried exempt is a fixed amount of pay per pay period regardless of the number of hours, so they aren't part of this discussion.
You dont' get extra pay for working more than 40 hours doing the same job as you do during regular hours, And they can't pay you less for working fewer hours one day either.
As a salaried worker.. there is no such thing as "clock in" / "clock out time", so it's an unrelated matter. If your employer reduces your pay for a difference in hours less than not working a whole day, then they lose the Overtime exemption.
There are many different situations. Your cut and dried example is just an example, not a universal.
And no you don't get to content cop me. The conversations have been widespread, so I address them. There are some here who want paid per mile of driving. Some who want paid for their commute to work. So yeah, I'm going to go along and ask the hypotheticals.
Including the salaried guy who does get paid for his travel, 70 cents per mile.
Finally, my contract that I was working on before my present position stated that if I regularly work more than 50 hours a week, I get paid overtime based on a simple calculation. Still salaried though. If I don't go over regularly, the paychecks stay the same.
And if I might correct you. I signed in and out. And our timecards are audited, and compared to the signing and sign out sheets. If they don't match - if I claim X hours, but not signed in. I got docked. And if the opposite is true, if my sign in and sign out times show I worked over 50 hours regularly. I got paid extra.
My present situation has renumeration that is task based. That's a lot simpler. Even then, it is a hybrid. I'm paid as an independent contractor, but have their HR and accountants do all my W2 and deductions.
There was a case at an earlier, different workplace I was at, many years ago in the 80's, where the auditors decided that the exempt people were being abused, and made that company pay them overtime for every hour over 40 based on the sign in sheets. Perhaps things are not as cut and dried as you believe.
If I might be blunt - we have some experts on the law in here, who might not know the exactitude of every situation, even though they express great authority. I wouldn't even have said that, but you declared me irrelevant.