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Prescription for overtime?

Posted by Elaine Varelas December 18, 2008 10:00 AM

Q. I work as a pharmacist, and am required to take part in a group conference call meeting that occurs once or twice a month. These calls last from 30 to 60 minutes. If I am working, filling prescriptions and dealing with customers, I am required to take the call while continuing to multitask. If the calls occur on my days off, I am still required to attend. Should I be compensated for these mandatory meetings when they occur on my day off?

A. Time is money as the saying goes, but not always. Many people question when they should be compensated, and it is okay to ask a human resources representative at your company to answer that question, and to explain the logic, or laws behind that answer. How you ask the question - really any questions about compensation - matters. It shouldn't be threatening, just ask for a clarification so everybody understands how things work. Human resources people and managers can't be aggravated by people trying to understand how they are paid. It is a reasonable question - regardless of the answer.

Looking for legal information about overtime, I consulted with Josh Black, at Bello, Black and Walsh in Boston. As with much of employment law, "it depends" on whether you are exempt from the overtime requirements of state and federal law. If you are an exempt employee, you are paid a salary that is intended to cover all the hours you work, regardless of the days on which that work occurs, or the total number of hours you work in any given work week.

In general, it is customary for an exempt professional to have to attend to certain responsibilities on a day off. There is no legal reason that an employer cannot require an employee who is taking a day off to participate in a call. If the employee is exempt, there is no obligation to pay him or her extra for the time spent working on a day off. If the employee is non-exempt (not exempt from the overtime requirements of state and federal law), then the employer will have to pay you at your regular hourly rate, and you may be entitled to overtime if the total hours worked in that week exceed 40.

So your question may be: Am I exempt or non-exempt? "It depends" on many things, including the scope of your authority and your duties. If you are unsure of your status, you should ask your human resources person how your position is classified, and why.

Have a question? E-mail us at jobdoc@boston.com, or use the form on the right.

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8 comments so far...
  1. I would be more concerned about "multi-tasking" while filling scrips. Shouldn't the pharmacist's attention be on the medication, not the conference call?

    As for this:

    "If the employee is exempt, there is no obligation to pay him or her extra for the time spent working on a day off. "

    Sounds like a way for a pharmacy to get free labor!

    Posted by reindeergirl December 18, 08 06:35 PM
  1. My husband is required to attend/run many sales meetings/ conventions during the year. They are ALWAYS on weekends. He has never been compensated for this......its just part of the job.

    Posted by magmick December 19, 08 06:53 AM
  1. I have been working in this field for years and I understand the responsibilities that pharmacists and technicians deal with on a daily basis. It can get hectic at times. Retail pharmacy chains allott a certain number of technician help hours to individual stores depending on the number of prescriptions filled from data analysis. The pharmacist's primary function is to perform medication review and to counsel patients. The technicans are there to assist in handling other tasks. Regarding the question asked, usually the pharmacy manager or team leader of the pharmacy are to attend to these conference calls. They get paid more than the other pharmacists in the same store. These conference calls are held to inform the pharmacy manager or team leader about what is happening with the company and also allows the pharmacy manager or team leader to bring up issues of concern. Given the title and position with the higher pay, they are expected to participate in these conference calls and should not get paid extra. Every job has a description and lists the responsibilities. You can request the human resources department for this information and please read your contract carefully. Lets not forget that there are perks to being in charge, free dining get togethers held by corporate and recogntion for excellent performance. A successful pharmacy should have pharmacists and support staff who are well-rounded and trained in technical AND personal aspects, which means that they should be able to multi-task. The real key here is your support staff, train them well and be nice to everyone. This is the best time of the year, free food and gifts from patients, what more can you ask for? A raise? ;-) It looks like we have to reschedule our holiday party. Happy shovelling!

    Posted by HappyCamper617 December 19, 08 07:01 AM
  1. The pharmacist is quibbling about an hour a month? Please.

    Do you want to be treated as a professional, or as a clock punching union worker? It's your decision. If you decide to whine about a 30 minute phone call, fine, but expect to be treated like a teenager. When the next opportunity comes up, don't expect to be given a raise, more responsibility, a promotion, etc., because you don't deserve it. Those responsibilities will be given to those who want it.

    Posted by Murph December 19, 08 07:26 AM
  1. This pharmacist, like all employees, should join a union. That way, regardless of whether the employee is classified as exempt or non-exempt, the union will be able to negotiate for overtime wages to make sure the pharmacy doesn't get the pharmacists' time without paying a fair wage for it.

    Posted by James December 19, 08 08:42 AM
  1. even an exempt employee is entitled to an actual vacation day where he doesn't have to call in. He should be able to go skiing, for example without having to stop and dial in, or worse, stop and drive to a location with phone coverage.

    Posted by paul malenfant December 19, 08 10:54 AM
  1. At this time of year it might be well to reflect on Marley's admonitions to Scrooge regarding what and where one's business really is.

    If I remember right, slavery was outlawed in this country about 150 years ago. Exempt or not, as the previous post reminds, an individual has a right to life, liberty, and the pursuit of happiness. No employer can arbitrarily override that, although for some reason people in this country have come to accept that their rights end when they cross the doorway into their employer's domain.

    As an engineer and/or manager, I've been exempt from overtime throughout my over 30 year carreer. When the stuff hits the fan, I put in the hours it takes to get the job done. When a project has a dealine that can't slip, I do the same. But I draw the line at regular operational activities, which is what a regular meeting is. I walk right out of meetings when the clock strikes 4:00. Somehow I get away with it. I have colleagues who don't like that I do it. As far as I'm concerned, they don't have to. If their concept of pursuing happiness is to live their job, that's OK. Just don't expect it of me.

    There are consequences. Doing as I do is a carreer limiting move. That's fine with me. I got to spend time with my kids as children and am good friends with them as adults. My wife and I remain happily married. I am active in my church and community. I work to live, not the other way around.

    You have the right to pursue happiness. But it is a right that you have to choose to exercise; you can choose to give it up to an employer. If what matters to you is what matters to me, the the bottom line is simple: Negotiate a better deal, or find another employer who will respect what is important to you. You may have to tradeoff something, like the channce to move up the ladder.

    Happiness is better.

    Posted by Buzz December 19, 08 05:16 PM
  1. The question is what exactly is exempt or non-exempt. The pursuit of happiness is the key. Buzz, that tradeoff is the point you make is so correct. While I myself am in a field that has overtime, I personally refuse it for life but that's fine also with me with the consequences associated. However choice is the real question. Pharmacists don’t seem to have it. They are paid fixed hourly rates based on a salary. Bush did some unusual rules for pharmacists much to their detriment and harm. Pharmacists became straight Hourly workers. No overtime.

    As to Happy Camper, titles and responsibility do not guarantee any substantial pay difference as you well know. You neglect to mention that mandatory meetings on your off days are necessary to attend those fine dining. And recognition comes from a form letter. You neglect to mention no opportunity for meal breaks as I know some pharmacists well.

    I don’t know about your industry but I think most information can be given in memos rather than attend drawn out functions with ‘free’ food as the return.

    Pharmacists have a professional requirement as told to them to take their meals at their best judgment but are still required to perform their jobs contrary to another topic on Job Doc about required meal breaks. Even the State of MA pharmacy board has a problem with this.

    Pharmacists are expected to push volume and speed but it was profiled in the Globe that a vice president of one of the pharmacy chains stated volume has no affect on accuracy. But ask any pharmacist which you are one – you’re expected to push on the volume as fast as you can.

    I don’t know about you, but when I’m working on something and someone starts to talk to me or I’m on the phone, I’m not really concentrating on my original task. That’s common sense over the ‘multitasking’ management speak.

    Stand and watch someday their multitasking – they answer the phone, take care of the pickup, take care of the dropoffs, work on filling the item they are working on. Support staff varies but a lot are students – you depend on college students. Some are just cashiers.

    And as to James – unions have their place. But attempts to unionize pharmacists will certainly be met with retaliatory efforts. If you know a pharmacist personally, ask them what is currently happening to them.

    Posted by ThankgoodnessnotaPharmacist December 24, 08 12:28 PM
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Patricia Hunt Sinacole is president of First Beacon Group LLC, a human resources consulting firm in Hopkinton. Sheworks with clients across many industries including technology, biotech and medical devices, financial services, and healthcare, and has over 20 years of human resources experience.

Elaine Varelas is managing partner at Keystone Partners, a career management firm in Boston and serves on the board of Career Partners International.

Cindy Atoji Keene is a freelance journalist with more than 25 years experience. E-mail her directly here.

Peter Post is the author of "The Etiquette Advantage in Business." Email questions about business etiquette to him directly here.

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