我覺得你因該強調

你要的是wage for all hours worked。

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked

your 'all hours worked' per week is 40hrs but you were only paid for 35hrs so your employer had 5hrs 'wage theft'
from you

You are able to make such a claim,

因為 You were no longer paid on a “salary basis

"If the employer makes deductions from an employee’s predetermined salary, i.e., because of the operating requirements of the business, that employee is not paid on a “salary basis.”"

in other words,
Had your employer not made deductions from you illegally, you would  still have had been paid  on a “salary basis.”. you were not able to make claim now,  no matter how many hours(even more than 40 hours) you had worked


你並不是要求overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

所有跟帖： 

• 完全讚同您的意見。 我6月份給他們的回複以及現在我準備 hearing 都是采取您提的這個主張和思路。再次致謝！ -遠浦歸舟- ♀ (0 bytes) () 11/18/2014 postreply 20:55:30