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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I am a front store manager for cvs pharmacy. My paychecks clearly

Resolved Question:

I am a front store manager for cvs pharmacy. My paychecks clearly state that i am paid 24.50 an hour for 45 hours a week. Can they make me work more hours. Also during a week with a holiday in it, we are paid 36 regular hours and 9 holiday hours even if we work the full 45 hours a week, is this legal? During some weeks we are allocated 218 hrs a week to run the entire store, 45 of these hours are for the front store manager, there is no way that any closing or opening manager would ever be allowed a 30 minute uninterupted lunch or even breaks, is this legal?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

You asked:

Can they make me work more hours?

ANSWER: Normally yes. As long as they pay you properly for the actual hours worked since you are an hourly employee, they can schedule you for additional hours.

Also during a week with a holiday in it, we are paid 36 regular hours and 9 holiday hours even if we work the full 45 hours a week, is this legal?

ANSWER: If you only worked 36 hours, this would normally be legal yes.

During some weeks we are allocated 218 hrs a week to run the entire store, 45 of these hours are for the front store manager, there is no way that any closing or opening manager would ever be allowed a 30 minute uninterupted lunch or even breaks, is this legal?

ANSWER: No. Employees must normally be provided a minimum 30 minute break period if they work a shift of more than 5 hours.

Here is a link with more information:

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

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Customer: replied 5 years ago.
I am listed as salary although I get paid 24.50 an hour @45 hours a week no matter how many hours I work. I have worked consistantly 60 - 80 hours a week and get paid for a straight 45, even on holiday weeks I work the full 45 and they pay me 36 reg plus 9 holiday in which I never get! Is this ok?
Expert:  Tina replied 5 years ago.
I see.

Pharmacists are no longer automatically exempt from overtime. You must be the learned profession exemption under CA law to be treated as salaried. If you are properly classified, then the employer is not typically required to pay you for overtime you work.

However, you should be paid your standard salary PLUS holiday pay typically where that is the employer's policy. Based on what you have indicated, you are being paid your regular 45 hours per week plus 1/2 day when a holiday is included in the week. Whether this is proper or not will depend on the employer's written policies. If you are to be paid time and 1/2 for the holidays, then you should be paid your regular salary plus time and 1/2 for the holiday.

Here is a link with more information involving the learned profession and other exemptions to overtime pay.

http://www.management-advantage.com/products/overtime-exempt.html

For wage violations, file a complaint with the state labor board.

Customer: replied 5 years ago.
I am a front store manager not a pharmacist. My checks clearly state I get paid for 45 hours a week at 24.50 an hour, but my boss continues to tell me that I need to work more hours and that there will be times I need to work 7 days a week 14 hours a day. Plus when it is a holiday week I get paid 36 reg and 9 hours holiday, regardless of how many hours I work.
Expert:  Tina replied 5 years ago.
I see.

The link I provided above also includes an executive exemption for overtime. If you meet the test for that, you could be treated as an exempt employee and the employer would not be required to pay overtime.

If you do not meet the test, then the employer is in violation of state law and a wage claim should be filed with the state labor board.

Tina and other California Employment Law Specialists are ready to help you

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