Cali RPh OT

[chicagoboy1984]

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Are you suppose to get OT in Cali if you work >8 hours/day OR >40 hours/week? (meaning only one of those has to be true and not both) If yes, does CVS pay you OT in Cali if you work 12 hour days?

Thanks.

 

[chicagoboy1984]

To go along with that, I know California prohibits pharmacists working in pt-care areas from working >108 hours/2 week work period or >9 hours/day. However, I know of pharmacies where the pharmacist works 12 hours/day. How is this possible?

 

[PharmDstudent]

To go along with that, I know California prohibits pharmacists working in pt-care areas from working >108 hours/2 week work period OR >9 hours/day. However, I know of pharmacies where the pharmacist works 12 hours/day. How is this possible?

There you go. I fixed it.

 

[chicagoboy1984]

"OR" means one of those conditions has to be true, not both....

 

[njac]

Are you suppose to get OT in Cali if you work >8 hours/day OR >40 hours/week? (meaning only one of those has to be true and not both) If yes, does CVS pay you OT in Cali if you work 12 hour days?

Thanks.

I work 10 hour shifts and don't get any OT. I do if I work >40 hours a week.

 

[Momus]

CA labor law, you get OT if you work more than 8h/day or 40h/week.

njac probably has a union contract that tells otherwise. I think employers can make you sign a waiver so it does not have to pay OT if you work more than 8 hours...

 

[njac]

Pharmacists aren't unionized at my hospital.

 

[Momus]

"Exceptions to California Labor Laws

There are only two exceptions to these overtime pay requirements. A worker working under a collective bargaining agreement that provides for some overtime pay, and specifies that the worker will receive at least 30% above the state minimum wage.

The second exception is where employers implement an "alternative workweek schedule", and such a schedule receives approval of two/thirds of their workforce. This allows employees to work four day shifts of up to 10 hours without receiving overtime, so long as the total hours don't go over 40 hours."

 

[PharmDstudent]

CA labor law, you get OT if you work more than 8h/day or 40h/week.

njac probably has a union contract that tells otherwise. I think employers can make you sign a waiver so it does not have to pay OT if you work more than 8 hours...

Could you imagine working a 12 hour shift once or twice a week and getting OT? Talk about doubling your money.

"Exceptions to California Labor Laws

There are only two exceptions to these overtime pay requirements. A worker working under a collective bargaining agreement that provides for some overtime pay, and specifies that the worker will receive at least 30% above the state minimum wage.

The second exception is where employers implement an "alternative workweek schedule", and such a schedule receives approval of two/thirds of their workforce. This allows employees to work four day shifts of up to 10 hours without receiving overtime, so long as the total hours don't go over 40 hours."

Thanks for looking that up!

 

[confettiflyer]

"Exceptions to California Labor Laws

There are only two exceptions to these overtime pay requirements. A worker working under a collective bargaining agreement that provides for some overtime pay, and specifies that the worker will receive at least 30% above the state minimum wage.

The second exception is where employers implement an "alternative workweek schedule", and such a schedule receives approval of two/thirds of their workforce. This allows employees to work four day shifts of up to 10 hours without receiving overtime, so long as the total hours don't go over 40 hours."

Yup this, otherwise yes, there is mandatory 1.5x OT for > 8hrs/day, and I want to say it becomes 2x for > 12hrs/day or this is institution specific.

 

[Farmercyst]

I work 8am-9pm a few days per week and get paid OT for anything over 8 hour/day per previously mentioned CA labor law. Last check was over 100 hours.

 

[PharmDstudent]

I work 8am-9pm a few days per week and get paid OT for anything over 8 hour/day per previously mentioned CA labor law. Last check was over 100 hours.

So then the original post should say,

Are you suppose to get OT in Cali if you work >8 hours/day AND/OR >40 hours/week? (meaning only one of those has to be true and not both) If yes, does CVS pay you OT in Cali if you work 12 hour days?

right?

How can they afford overnight pharmacists who work 12 hour shifts? OT pay is not cheap...

 

[DASicari]

So then the original post should say,
right?

How can they afford overnight pharmacists who work 12 hour shifts? OT pay is not cheap...

In my CVS district they make the graveyard work 10PM-7AM and not for seven days in a row to get around the sunday cutoff.

For staff pharmacists, you'll likely be written up for having any OT that wasn't otherwise authorized.

 

[confettiflyer]

So then the original post should say,
right?

How can they afford overnight pharmacists who work 12 hour shifts? OT pay is not cheap...

I've seen midweek shift starts and stops so that 7-on-7-off will dump 40hrs on week 1 and 30 hours onto week 2 all 10hr shifts, or they'll do 12hrs and just pay the OT, but it lessens the impact with a split week.

 

[Farmercyst]

So then the original post should say,
right?

How can they afford overnight pharmacists who work 12 hour shifts? OT pay is not cheap...

I just took over as PIC and the place is in pretty bad shape. Inventory is a mess, we were almost 400 rxs past due on Sunday. I have 2 techs and several ancillary staff with < 1 month of pharmacy experience. I had 11 pages of edits 2 days ago and 8 pages of edits yesterday. My other staff pharmacist is practically babysat by the techs so he doesn't mess things up worse. I'm supposed to get grad interns 6/1, so hopefully the pharmacy experience among staff will allow me to train my ancillary personnel quicker.

 

[Momus]

In my CVS district they make the graveyard work 10PM-7AM and not for seven days in a row to get around the sunday cutoff.

For staff pharmacists, you'll likely be written up for having any OT that wasn't otherwise authorized.

I think graveyard pharmacist at CVS starts on Wed night-Tues night (7 days on)

One week pay period is defined Sun-Sat. So, in 1 week pay period they work no more than ~40 hours to avoid OT penalty.
-- Week 1 : Wed, Th, Fri, Sat (4 days - ~40 hours)
-- Week 2: Sun, Mon, Tue (3 days - ~30 hours)

Because there is only 1 daytime pharmacist on a weekend, a graveyard weekend shift is normally a 12 hour shift (2-3 days Fri night - Sun night), this will get GY pharmacist as close as possible to 80h/2 weeks.

They will get OT but not a lot (i.e., work 10pm-8 am (30 mins lunch break) 9.5h = 1.5h OT or no OT at all depending on work agreement/union agreement).

 

[xraided81]

I work for a private hospital in So Cal. I work seven 11.5 hr shifts, every pay period( 2 week pay period). I get paid x1.5 after the eight hour of every shift. I used to work for Rite Aid Per Diem, and was part of a union, we got paid x1.5 after the tenth hour of a shift. A couple of years ago I interviewed at a hospital were the pharmacists worked four 10 hr shift per week but had to sign a waiver stating they would not be paid overtime after eight hours. Hope this helps.

 

[confettiflyer]

sign a waiver stating they would not be paid overtime after eight hours.

I'm not a lawyer (yet), but I think you can't sign away your legal rights endowed by the state. It's like me signing away my right to free speech...couldn't do that even if I signed in blood.

Probably a collective bargaining agreement exists, but I don't think this was the case.

CA law is as follows:

"10. Q. Can an employee waive his or her right to overtime compensation?

A. No, California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. Consequently, such an agreement or "waiver" will not prevent an employee from recovering the difference between the wages paid the employee and the overtime compensation he or she is entitled to receive. Labor Code Section 1194"

http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

 

[Ackj]

I'm not a lawyer (yet), but I think you can't sign away your legal rights endowed by the state. It's like me signing away my right to free speech...couldn't do that even if I signed in blood.

Probably a collective bargaining agreement exists, but I don't think this was the case.

CA law is as follows:

"10. Q. Can an employee waive his or her right to overtime compensation?

A. No, California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. Consequently, such an agreement or "waiver" will not prevent an employee from recovering the difference between the wages paid the employee and the overtime compensation he or she is entitled to receive. Labor Code Section 1194"

http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

Yeah, I believe laws like that exist because companies would have it as "the policy" for all employees to sign something like that right when they get hired. Then nobody would get OT ever, because they agreed to it. Maybe some kind of union bargain could slightly adjust the details on hours, but completely getting rid of OT doesn't sound feasible.

 

[xraided]

When you sign the above agreement you can still pick up pto but only after working more than the 80 hours in the 14 day pay period

 

[confettiflyer]

When you sign the above agreement you can still pick up pto but only after working more than the 80 hours in the 14 day pay period

Per CA law, you can sign all the agreements you want, but they'd be consider null and void should an employee pursue claims in court for unpaid overtime.

It's been a while, but I'm pretty sure I've been party to at least 1 class action settlement on labor law violations regarding OT/meal breaks.

I can agree to waive my rights to FMLA, but I still retain those rights because a contract cannot supersede federal law even if it's mutually agreed upon.

Just because you sign a contract doesn't make it a contractual obligation.

 

[Ackj]

a contract cannot supersede federal law even if it's mutually agreed upon.

Just because you sign a contract doesn't make it a contractual obligation.

Isn't that the issue with assisted suicide?

 

[confettiflyer]

Isn't that the issue with assisted suicide?

among other things, yes. you can't absolve someone of the charge of murder even if you agree to it. a contract is a contract except when it conflicts with any applicable laws, this is why a lot of contracts include a severability clause that allows the remaining "legal" part of the contract to live on instead of being completely nullified.

this is sortof the issue with obamacare right now...sortof.

 

[PharmDstudent]

I just took over as PIC and the place is in pretty bad shape. Inventory is a mess, we were almost 400 rxs past due on Sunday. I have 2 techs and several ancillary staff with < 1 month of pharmacy experience. I had 11 pages of edits 2 days ago and 8 pages of edits yesterday. My other staff pharmacist is practically babysat by the techs so he doesn't mess things up worse. I'm supposed to get grad interns 6/1, so hopefully the pharmacy experience among staff will allow me to train my ancillary personnel quicker.

Good luck!!!!!!

I despise babysitting coworkers. I would rather work alone than have "help".

 

[Farmercyst]

Good luck!!!!!!

I despise babysitting coworkers. I would rather work alone than have "help".

I'm too slow to work alone. We're doing 1800+/- per week 81hrs/wk I'd be lucky to do 100 rx/day alone. I actually adjust dates to the correct write date, fix days supply, match the md to the rx,etc. Stuff I shouldn't have to waste my time doing.

 

[PharmDstudent]

I'm too slow to work alone. We're doing 1800+/- per week 81hrs/wk I'd be lucky to do 100 rx/day alone.

You'll get faster over time, so don't worry, and with the way these company cuts are, you'll need to be faster.

I actually adjust dates to the correct write date, fix days supply, match the md to the rx,etc. Stuff I shouldn't have to waste my time doing.

I know you don't feel like wasting your time, but that's what needs to be done! So kudos to you! 🙂

 

[Farmercyst]

You'll get faster over time, so don't worry, and with the way these company cuts are, you'll need to be faster.

I know you don't feel like wasting your time, but that's what needs to be done! So kudos to you! 🙂

I only say wasting my time because these should have been done right the first time. I need to start giving them back and have the typists fix their own errors.

 

[PharmDstudent]

I only say wasting my time because these should have been done right the first time. I need to start giving them back and have the typists fix their own errors.

Good luck trying to solve anything with that staff pharmacist!

 

[Farmercyst]

Good luck trying to solve anything with that staff pharmacist!

Rx: Durezol 1gtt OD BID, dispensed Dorzolamide. Twice!

 

[StevePerry]

Rx: Durezol 1gtt OD BID, dispensed Dorzolamide. Twice!

Come on now, you say pot-A-to, he says pot-ah-to

In all seriousness you used to have some real classic pharmacists up in your area a few years ago, back in the agency days...it was like the ****ing Wild West and a total free-for-all through there... sounds like you still have a relic from that time period.

 

[Its Z]

Come on now, you say pot-A-to, he says pot-ah-to

In all seriousness you used to have some real classic pharmacists up in your area a few years ago, back in the agency days...it was like the ****ing Wild West and a total free-for-all through there... sounds like you still have a relic from that time period.

WWW is about right and Im the modern day Oliver Wendell Douglas. Looking for a tractor...to take care of the property. We bought acres ....oaks manzanitas...red woods..and pines..with hay. Fire hazard to keep clear. Chit....road to the house is not even paved. My life is about to change. We are getting chickens.

 

[Its Z]

Well....this is the California RPh OT - outdoor thread....isn't it?