Salaried for 30 hours/week, but actually work 35-40...

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AuTiger609

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Problem has been resolved...misunderstanding on my part. But thanks for the answers!

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u get pay for the scheduled hours you work, otherwise they are violating labor laws. document the hours you work and verify with your pay stub. then speak with an attorney.
 
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u get pay for the scheduled hours you work, otherwise they are violating labor laws. document the hours you work and verify with your pay stub. then speak with an attorney.

As far as I'm aware, this is only true in CA. Elsewhere, pharmacists are considered "salaried", overtime does not have to be paid. However, its generally the policy of almost all pharmacies, to pay for schedule hours for salaried pharmacists, regardless if they are over or under salary. OP, this is the first time I've heard of any pharmacy scheduling non-management pharmacists for more hours than their base salary, and then not paying them for their hours. Has this actually happened to you at 2 different chains? I would recommend talking to your scheduler, its possible they coded you wrong in the system or something, which is why you aren't being paid for the scheduled hours you work. This kind of thing is definitely not wide-spread, or even chain-wide of any chain.
 
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HOWEVER, it seems that more and more companies (Publix, Rite Aid, etc) consider 30 hours "full time"--and will only pay for 30 hours (ie, even though the pharmacist works 35-40 hours each week, they are only paid for 30).

This is illegal. I'm not speaking about an occasional meeting or an hour here or there. You have a base number of hours per week and if yiu exceed them you have to be paid. They cannot base you at 30 and work you 40.
 
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u get pay for the scheduled hours you work, otherwise they are violating labor laws. document the hours you work and verify with your pay stub. then speak with an attorney.

How is this illegal? You're a "salaried" employee. The chains simply pay per day because otherwise what incentive would people have to pick up a shift here or there if they got a flat rate. Legally we are salaried employees but in reality we work as hourly employees. It's a legal loophole to get around OT and probably a few other things.
 
I don't believe any pharmacy chain has a policy of basing pharmacists at 30 hours and routinely scheduling them 40 hours. If they do they are asking for a class action lawsuit.
 
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How is this illegal? You're a "salaried" employee. The chains simply pay per day because otherwise what incentive would people have to pick up a shift here or there if they got a flat rate. Legally we are salaried employees but in reality we work as hourly employees. It's a legal loophole to get around OT and probably a few other things.
It's illegal because you have BASE HOURS. That's why. Otherwise you could work 20 and get paid for 3o. Base is base and you must work your base.
 
Some chains schedule you in such a way that there's no way to get your work done other than to work over your hours.
 
We are pharmacists are pretty lucky in the matter - my fiance works in healthcare - is salaried, but easily averages 55-60 hours a week - only paid for 40. Me on the other hand, I put in at most 42 hours a week for my 40 hour work week
 
Salaried does not mean that OT is never paid in any instance. There are situations where even salaried employees are expected to be compensated in some way for hours above 40. Depending on organization/jurisdiction/position this can be handled through comp hours or through OT pay.

It is a common misunderstanding that salary automatically means exempt from overtime, but that is actually only the case in well defined circumstances, which do probably apply to OP. However, companies that just assume that all their salaried employees are exempt from overtime may be setting themselves up for lawsuits. http://www.rhobserver.com/22414/new-federal-overtime-pay-rules-could-impact-you/
 
Salaried does not mean that OT is never paid in any instance. There are situations where even salaried employees are expected to be compensated in some way for hours above 40. Depending on organization/jurisdiction/position this can be handled through comp hours or through OT pay.

It is a common misunderstanding that salary automatically means exempt from overtime, but that is actually only the case in well defined circumstances, which do probably apply to OP. However, companies that just assume that all their salaried employees are exempt from overtime may be setting themselves up for lawsuits. http://www.rhobserver.com/22414/new-federal-overtime-pay-rules-could-impact-you/
I am salaried, but if asked to stay late to cover a call out or come in on my day off, I get straight pay, but it is extra. If I don't get my work done at the end of the day and stay late, that is on me. that is why i get my work done 99% of the time on time
 
A lot of chains are starting your base pay at 30-32 hours. This saves them money and still makes you full time with benefits. So if you pick up an extra shift they will pay you for it at regular pay. If you exceed the 40 hours and go into Overtime pay then they will pay overtime pay but this is not paid at 1.5x like it is for the techs. You get something like a $3/hour OT pay.
 
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