CVS settles three pharmacist-overtime lawsuits

July 28, 2015

CVS has agreed to pay $7.4 million to more than 1,600 pharmacists throughout California who claimed the retail giant forced employees to work seven days in a row without paying overtime.

CVS has agreed to pay $7.4 million to more than 1,600 pharmacists throughout California who claimed the retail giant forced employees to work seven days in a row without paying overtime.

According to Law360, Los Angeles Superior Court Judge Elihu M. Berle recently approved the agreement to end three class action lawsuits that were filed in October 2013.

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The lawsuits alleged that CVS violated state labor laws by requiring pharmacists work more than six days consecutively without paying time and a half for the hours worked on the seventh day.

About 1,626 pharmacists who worked in three of CVS’ California regions are part of the settlement.

“Pharmacists provide a vital service to our community,” attorney Tom Falvey told Law360. “These settlements help to make all of us safer by making sure CVS treats its pharmacists lawfully and fairly.”

The settlement was mediated by Mark Rudy of Rudy Exelrod Zieff & Lowe and is similar to an earlier settlement CVS agreed to in another case, Law360 said.

 

The average pharmacist will receive $2,846 from the settlement. One third of the settlement amount, $2.49 million, will be used for attorney’s fees, Law360 said.

CVS (as well as other large pharmacy chains) have faced similar litigation throughout the country. In January, a Philadelphia-area pharmacist filed a federal class action alleges that more than 1,000 pharmacists are owed unpaid overtime wages.

In that case, Junius Baugh alleges CVS Pharmacy violated state and federal labor laws by employing him more than 40 hours per week but not compensating him at overtime rates for the additional hours.

Baugh alleges he worked between 100 and 130 hours during one two-week pay period. He claims he should have been paid $88.40 for the overtime hours, but was paid his regular hourly rate of $58.93 for all hours worked.