Most of pharmacists’ claims against Walmart dismissed

April 15, 2015

California pharmacist Afrouz Nikmanesh’s class-action lawsuit against Walmart recently suffered a major blow with the dismissal of most of her allegations against the giant retailer.

California pharmacist Afrouz Nikmanesh’s class-action lawsuit against Walmart recently suffered a major blow with the dismissal of most of her allegations against the giant retailer.

Why I filed a class action lawsuit against Walmart

Last December, Nikmanesh filed a class-action lawsuit against Walmart, alleging that it cheated her and her colleagues out of work breaks and overtime pay. She also alleged that Walmart did not pay her and other pharmacists for time they spent studying for and completing immunization-training programs.

However, U.S. District Judge Andrew Guilford recently dismissed 10 of Nikmanesh’s allegations.

“Plaintiff’s scant allegations are insufficient to permit an inference that the [required course] was work time,” the judge wrote. “The only information plaintiff provides about the course is that it was an immunization certification course that was directly related to the job of pharmacist.”

Judge Guilford ruled that it would be “absurd” to say that an employer must pay for any and all activities related to its employees’ jobs.

“Many employees undoubtedly spend hours of personal time educating themselves on things directly related to their jobs so they might be better, more marketable employees,” the judge wrote. “A scientist might read journals for personal growth. A computer programmer might learn a new programming language. A teacher might attend a seminar.”

 

Guilford also dismissed Nikmanesh’s claim that Walmart failed to provide rest breaks for pharmacists.

“There are obvious possible justifications for prohibiting pharmacists from leaving pharmacies unattended, theft prevention being a notable one,” the judge wrote. “On its face, such a policy alone would not establish liability for failing to provide rest breaks.”

 See also:

Are CVS’ metrics unfairly eliminating older pharmacists?