Company’s pharmacists not underpaid, court rules

Wed, Mar 2, 2005 (9:20 a.m.)

Wal-Mart, the world's biggest retailer, did not underpay pharmacists whose salaries were reduced when their workloads decreased, a federal appeals court ruled.

Full-time, salaried Wal-Mart pharmacists sued Wal-Mart in federal court, arguing they weren't truly salaried because the store reduced their salaries when their work hours were decreased.

The Denver-based U.S. 10th Circuit Court of Appeals disagreed with the pharmacists, ruling today that an employer can change salaries without converting salaried employees to hourly employees entitled to overtime. The court sent the case back to federal court.

Gerald L. Bader, a lawyer representing the pharmacists, did not return a call seeking comment. Wal-Mart spokeswoman Karen Burk said she was not aware of the decision and declined to comment.

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