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Express Scripts’ Manager Files Class Action Overtime Lawsuit

NEWARK — Recently, a former pharmacy benefit manager filed a potential class action overtime lawsuit against Express Scripts Holding Co. in New Jersey federal court. Roberta Henry claims the company reclassified her position and other managers’ positions as nonexempt, yet failed to pay overtime wages. The reclassifications occurred after Medco Health Solutions Inc. merged with Express Scripts. Henry’s lawsuit claims Express Scripts violated both the Fair Labor Standards Act (FLSA) and New Jersey’ Wage and Hour Law with its failure to pay overtime to its reclassified managers.

The Claim

When Medco merged with Express Scripts, Roberta Henry, originally a Medco exempt manager, was told that her position would remain exempt after the merger. Not all of the transferring managers were going to remain exempt after the merger which was the beginning of Express Scripts’ alleged overtime problems. Despite assurances that the pharmacy benefits managers would remain exempt, Express Scripts allegedly reclassified all transferring employees based on a uniform job titling system. The reclassification was supposed to correct inconsistency in pay between the Medco and Express Scripts job positions.

The merger occurred in 2012; however, Henry was not informed of the reclassification until February of this year. Henry claims this reclassification was supposedly retroactive going back to mid-January. Henry claims she worked more than 40 hours a week regularly. But the company allegedly did not pay her the overtime she was owed for the hours she worked after Express Scripts made her a nonexempt employee.

Henry has filed a putative class action which means she believes Express Scripts’ reclassification and denial of overtime pay affected other employees as well. The proposed class is thought to include about 100 current and former Medco, now Express Scripts, employees who were reclassified and denied overtime after the reclassification.


Employers are supposed to classify each of their employees based on an individual assessment on whether the employees responsibilities and decision making authority makes the employee exempt or nonexempt. The majority of employees are nonexempt which entitles them to overtime pay. There are a few circumstances when an employee’s status can be reclassified. But, regardless of the circumstances, if an employee is reclassified as nonexempt, an employer is required to pay overtime when the employee works more than 40 hours a week.

If you are an Express Scripts nonexempt manager or are a nonexempt employee and your employer has failed to pay the overtime wages you have earned, call our knowledgeable team of overtime pay lawyers today at (855) 754-2795. Or complete the Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your situation. If we accept your case, our No Fee Promise means there are no legal fees or costs for you unless you receive a settlement. There are strict time deadlines for filing lawsuits so it is important to contact an attorney immediately.

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