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Salary vs Hourly

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  • Salary vs Hourly

    I'm a pharmacist in Texas and have a question about being hourly or salaried. It seems the company I am working for wants me both ways..... I am given a wage based $ per hour and I am expected to be at work at a certain time and leave at a certain time (no scheduled breaks or lunch breaks) and if I work over my scheduled time they say they won't pay me (because I am "salaried") BUT if I work less time (even 1 hour) they don't pay that either. Please inform me of the differences between "salaried" and "hourly". Thank you.

  • #2
    "Salaried" and "hourly" are merely pay methods. As a pharmacist, you qualify as exempt from overtime laws under the Professional exemption. However, you are right, they can't have it both ways. As an exempt employee, you must be paid your full weekly wage for any week in which you perform work. The employer can, however, substitute vacation or sick pay for any time missed, and they can dock your salary by a full day if you do not work at all that day due to personal reasons, or if you are sick and the company does not have a sick pay benefit. (There are other exceptions too, but they are specific to the situation, and do not apply to a regular work day/week).

    You can file a claim with the Texas Workforce Commission.

    And, btw, Texas law does not require meal breaks or rest periods. In addition, your employer has the right to set your work hours, even if you are exempt.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      More specific

      To be more specific on this matter, each pharmacist works different hours each week, depending on the hours the store stays open and how many pharmacists there are. This is agreed upon and then averaged weekly. Meaning, 1 pharmacists may average 30 hours, another may average 32 hours, and so on.... I am finding, due to cuts in payroll (and I know the company is very aware) that my 30 hour average is turning more into a 34 hour average due to work load that is given. So, I am staying late and coming in early but only getting paid my 30 hour average. Now, I understand that's how salary works but with salary, if someone was staying late or going in early to get the job done, shouldn't that time be included for hours off later on? We are given no personel time and I do have vacation and if I needed off for some reason I am docked that time (either not paid, use sick time/vacation).
      I guess I understood "salary" to mean there is some take and give but all they are doing is "taking" with no give.


      • #4
        There is no legal requirement that the employer provide you with compensatory time when you work over your scheduled hours. Would it be nice? Sure. Is it petty to dock your PTO for one hour for you to go to a doctor's appointment? Probably. But that is completely up to the employer.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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