Pharmacy Overtime Pay Wage & Hour Laws

Pharmacy Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about pharmacies:

What Workers are Employed by Pharmacies?

The largest groups employed by pharmacies include pharmacists, pharmacy aides, pharmacy technicians, and retail managers.

What is the Salary Range for Pharmacy Employees?

According to the United States Department of Labor, salary estimates for occupations commonly found in pharmacies are as follows:

Occupation Median Hourly Wage Mean Hourly Wage Median Annual Wage Mean Annual Wage
Pharmacists $58.52 $57.72 $121,730 $120,050
Pharmacy aides $11.56 $12.61 $24,050 $26,230
Pharmacy technicians $13.80 $14.44 $28,710 $30,030
Retail managers $19.44 $20.90 $40,430 $43,480

How Many People Are Employed Nationally by Pharmacies?

According to the United States Department of Labor, employment estimate and mean wage estimates for some common pharmacy occupations are as follows:

Occupation Employment
Pharmacists 134,610
Pharmacy aides 24,730
Pharmacy technicians 207,480
Retail managers 55,290

Where Are Most Pharmacy Workers Employed?

According to the United States Department of Labor, states with the highest employment level in this industry are as follows:

  • Texas
  • California
  • Illinois
  • New York
  • Florida
  • Pennsylvania

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What are the Major Pharmacies?

There are a number of major pharmacies in the United States, which are some of the largest employers in the health store industry. These include:

  • HyVee Pharmacy
  • Giant Eagle Pharmacy
  • CVS Pharmacy
  • Walgreens Pharmacy
  • Winn-Dixie Pharmacy
  • Walmart Pharmacy
  • Target Pharmacy
  • Stop & Shop Pharmacy
  • Rite Aid Pharmacy
  • Publix Pharmacy
  • Meijer Pharmacy
  • Kaiser Permanente Pharmacy
  • HE Butt Pharmacy
  • Express Scripts
  • Kroger Pharmacy
  • Costco Pharmacy

What are the Laws for Pharmacy Employee Overtime Pay?

Under the Fair Labor Standard Act (FLSA), many pharmacy employees are non-exempt and therefore entitled to overtime pay.

If an employee is non-exempt under the FLSA, the law requires that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.

Pharmacy aides and pharmacy technicians would generally be considered non-exempt and entitled to overtime pay.

Pharmacists, on the other hand, sometimes fall under the FLSA’s “professional” exemption. In these cases, pharmacists would not be entitled to overtime pay.

However, some states have laws other than the FLSA that dictate overtime pay. For example, California law requires that pharmacy employees be given breaks, and if that statute is violated, it could lead to an overtime pay lawsuit.

Additionally, employers often deny or unlawfully refuse to pay overtime by misclassifying the positions of the workers, claiming that they are exempt when, in reality, they are not. Pharmacies may also require their employees to report to work early but not “punch the clock” until later or strike hours off of time cards, or they may refuse to pay employees for work done before the shift starts and after they punch out for the day. These are violations of the Fair Labor Standards Act (FLSA) and can give rise to an overtime pay lawsuit.

Is a Pharmacy Employee Entitled to Overtime Pay?

Pharmacy employees are often required to work long shifts, as well as additional time before and after their scheduled shift. As a result, many pharmacy employees end up working more than 40 hours per week, and are therefore entitled to overtime pay.

In some cases, pharmacists may not be entitled to overtime pay, as they could fall under the FLSA’s “professional” exemption. Pharmacy store managers can be considered exempt in some cases, and non-exempt in others.

Whether or not a pharmacy employee is entitled to overtime wages is determine based on job description, job duties, rate of pay, and number of hours worked.

An experienced overtime pay attorney will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are due overtime wages from the pharmacy.

Does a Pharmacy Have to Pay Overtime Wages to its Employees?

Yes, in many cases a pharmacy is required to pay overtime wages to employees that work more than 40 hours in one week. This generally includes non-exempt employees like pharmacy aides and technicians, but excludes exempt employees like pharmacists.

However, exemption is not determined by your job title, but by your job duties, wages, and hours worked. There are also state laws concerning overtime pay, so if you think you might not be entitled to overtime wages under the FLSA, you may have a claim under your state laws.

Therefore, if you believe the pharmacy you work for owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.

To determine whether you are eligible for filing a wage claim, contact our experienced Pharmacy Overtime Pay Lawyers at (855) 794-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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