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CVS Faces Another Pharmacist Overtime Claim

PHILADELPHIA — CVS Caremark Corp. pharmacists filed a putative class and collective action overtime pay lawsuit in Pennsylvania federal court recently. The pharmacists claim the company denies overtime wages to floater and subordinate pharmacists at their stores. These actions allegedly violate Pennsylvania wage laws and the Fair Labor Standards Act (FLSA). The pharmacists seek to represent hundreds of floater and subordinate pharmacists working at any of the more than 400 CVS locations in Pennsylvania in a federal collective action. They also seeking to represent a similar class of pharmacists in a class action state wage claim.

Pharmacist Overtime

CVS allegedly regularly fails to pay the required one and one half times the pharmacists’ regular rate when they work more than 40 hours a week. Junius Baugh, who filed the lawsuit, claims he worked more than 50 hours a week on many occasions from October 2011 to October 2012. On those occasions, he claims he did not receive proper overtime wages. Baugh claims that the company accurately records the number of hours the pharmacists’ work, even when it was over 50 hours a week.

However, when the employees work more than 50 hours they are paid only straight time for those additional 10 or more hours of overtime, instead of the time and a half required under state and federal law. Baugh claims the pharmacists did not qualify or meet the requirements for any of the overtime exemptions under the FLSA or state laws. Since the pharmacists do not meet overtime exemption requirements, they should have been receiving overtime pay when they worked more than 40 hours a week.

An Earlier Claim

This lawsuit comes just a month after a California District Court judge denied class certification to a group of CVS pharmacists claiming denied overtime compensation. In that case, the pharmacists focused on the company’s software program used for verifying and entering prescriptions to demonstrate they worked more than 40 hours a week. However, the court determined that the program was not reliable enough to support the claim.

Overtime Claims

All overtime violation cases are different. And not all overtime cases are suited for class action status, as the California CVS case shows. Generally, courts and lawyers will take note of previous negative court ruling, like the one in the CVS pharmacists’ case, when determining if a new case can move forward. But, because overtime pay lawsuits are very detail and fact specific, in some situations, an employee’s overtime claim may still be successful despite previous rulings. However, there are strict time limits on filing an overtime claim.

If you believe your employer has denied you your earned overtime wages, call our team of experienced overtime pay lawyers to discuss your situation today at (855) 754-2795. Or our knowledgeable legal team can evaluate your options when you complete the Free Unpaid Overtime Case Review form. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.

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