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Indiana labor laws, unpaid training Indiana

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  • Indiana labor laws, unpaid training Indiana

    I have a quick concern, I am an employee at a no name drug store (in the front half). I am currently in pharmacy school and am looking to go back in the pharmacy to work from now on as a pharmacy tech. I went out and got my license and began the online training (which must be done at my no name drug store). I offered to come in on my own time to do some of the training and was denied by my manager, saying "its against the law".

    I would like to know exactly which labor law he is refering to. Thanks in advance.
    Last edited by nicholaswgemployee; 05-29-2008, 04:55 PM.

  • #2
    First of all, please edit your post to remove the name of the employer. It's irrelevant.

    My understanding is that pharmacy techs do not meet the criteria for exempt status. Who is requiring this training? The employer or the licensing authority?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Its kind of a two way thing, i currently am holding an Indiana pharmacy-tech in training license. In order to recieve a state issued pharmacy-tech license i would need to complete an "approved" training program. No name drug store offers such a program, via online courses which must be completed in the store and while on the clock. So I need to have this training done before I am issued a pharmacy-tech license by the state. The catch is that I am also completing this training as no name drug store's policy of allowing me to work in the pharmacy, and thus a portion of the training has nothing to do directly with the required learning for recieving a state issued pharmacy-tech license.

      Thank you for the reply, I hope this helps clear things up a bit. If you need further clarification let me know.

      Comment


      • #4
        i think not, company policy is defining a pharmacy intern as one who has finished pharmacy school (i still have 5 years to go)

        what it all boils down to is my figureing out which specific law (not company policy or anything else) is being broken by me voluntarily, of my own free will, choosing to have my training done during my off days, unpaid.

        Comment


        • #5
          It is very difficult for a private employer to not pay an employee at least minimum wage for work done. In fact, it is difficult for most non-profit employers to not pay at least minimum wage. There are some very narrow exceptions that would include a university student getting college credit but no useful work can be done, no real employees displaced, and so on. I can dig up the references for those if you need them, but based on what the OP has said, this is not the situation.

          http://www.dol.gov/esa/whd/opinion/F...internship.pdf

          With advance notice, your employer can pay you minimum wage for tasks in which not much is expected to be accomplished, but that is as far as the law generally bends.

          -----

          I know nothing about this profession, but it seems that there must be a normal career path that people follow to get into it. My very soft suggestion is to talk to people more familiar with this profession and see how they got into it. This might not be a labor law issue per se.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            this seems to be going in another direction than i need it too, i shall clerify.

            last summer i got a job working in the photo lab of noname drug store. i then went to college as a starting pharmacy student. now this summer i am looking to move from the front half of the store (photo lab etc) back into the pharmacy to work as a pharmacy tech (no internship no nothing, just that). i was told that it would be fine, that as soon as i got my license (the in-training version) i would be able to complete the store training. this store training would lead to me recieving a state of indiana pharmacy tech license, and thus allowing me to work at noname drug store as a pharmacy tech (not intern). ive been on this "training" course for nearly a month now, when it was told to me that this process wouldn't take more than a week (management has the power to decide when i train and when i work photo lab, etc.). being eager to get back to working in the pharmacy (seeing as it is my chosen career path) i wished to speed up the process of me doing the training by, offering to come in, unpaid, on my days off for the strict purpose of working on the training solely. my manager flat out denied my request, saying it was against the law. he declined to elaborate on the matter.

            what i specifically would like to know is what law is he refering to?

            Comment


            • #7
              My understanding is that training undergone in order to get certified on your own volition does NOT have to be compensated as hours worked. I think I've seen a DOL opinion letter on that and I'll search for it later.

              Do you HAVE to do this online training at the employer's facility, "on the clock"? Can you not do it from home, not through the employer and still get the certification?
              Last edited by Pattymd; 05-30-2008, 04:02 AM.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                i cannot do it at all from home, but i seem to be able to take classes (via community college etc) that would still net me a pharmacy tech license. the problem is that those classes cost north of $300 and i am able to have the same training for free at my store.

                furthermore, i dont understand the talk of minimum wage laws. i am not paid minimum wage nor should it be a factor (i think?). unless minimum wage law specifies that if i come in to do training i am REQUIRED to be paid for it. is that what you are refering to with minimum wage laws?

                Comment


                • #9
                  It sounds like what "law" the employer is referring to is the fact that an employee cannot be allowed to work for free, even if the employee volunteers to do so. That's the min wage law mentioned here.

                  Because you are an employee of this company, the fact of you being there, sitting at their computers doing training could very easily be considered "work". Also let's say while you're there doing your training somebody walks by and asks you a work related question. It could be something as simple as "hey do you know where the paper clips are?" If you respond-then you're at work and must be paid.

                  Comment


                  • #10
                    29 CFR 785.27 - General.
                    Attendance at lectures, meetings, training programs and similar activities need not be counted as working time if the following four criteria are met:
                    (a) Attendance is outside of the employee's regular working hours;
                    (b) Attendance is in fact voluntary;
                    (c) The course, lecture, or meeting is not directly related to the employee's job; and
                    (d) The employee does not perform any productive work during such attendance.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      all right that helps, thanks a lot. now i am just frustrated.

                      Comment

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