CVS Avoidance of Overtime Pay for Pharmacists Massachusetts Class Action

This class action alleges that CVS Pharmacy, Inc. requires pharmacists to work overtime, including attending mandatory meetings, for which they were not paid one and a half times their normal rates. Also, on an individual basis, it alleges that CVS did not provide due process to the plaintiff in this case before her termination.

The complaint begins by alleging that plaintiff Katherine Crowley did not get four warnings and a proper investigation of incidents or complaints before she was terminated by CVS. This is an individual issue and not part of the class action issues.

Crowley was employed by CVS in Massachusetts as an hourly worker. At the time of her termination she was earning $65.10 per hour.

Although Crowley’s “assigned” hours were “never more than 40 hours per week[,]” in certain weeks she was in fact scheduled to work more than forty hours or to work a Sunday or a holiday. Also, the complaint says, at times when her store “was backed up, the District Leader would approve additional hours for the pharmacists beyond their assigned hours.”

The complaint says CVS’s policy was to pay overtime if a pharmacist worked more than 44 hours in a week. However, “[t]his overtime rate was not time and a half.” Also, the complaint says, the pharmacists might have their extra hours credited not during the week they actually worked those hours, but distributed over a two- or three-week period so that they would not have to be paid at overtime rates.

At times, when Crowley asked for additional hours so that she could get enough work done, CVS refused, saying she should find a way to get her work done within her regular hours. Eventually she stopped asking for more hours and came in earlier and left later than the hours of her scheduled shifts. She also did scheduling assignments at home and attended daylong meetings, for which she was also not paid.

Two classes have been proposed for this action.

  • The Pharmacist Class is all persons employed by CVS in Massachusetts as pharmacists, at any time between April 14, 2014 and the date of judgment of this action, who worked more than their budgeted hours but were not paid for that work, who were not paid overtime at a rate of time and a half as required by Massachusetts law, and who were not given premium pay as required by Massachusetts law for work done on Sundays and holidays, or who were not paid the CVS overtime rate for hours beyond 44 in a week.
  • The Pharmacy Manager Class is all pharmacy managers employed by CVS in Massachusetts, at any time between April 14, 2014 and the date of judgment of this action, who were not paid for attending mandatory meetings required by CVS.
Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

CVS Avoidance of Overtime Pay for Pharmacists Massachusetts Complaint

April 14, 2020

This class action alleges that CVS Pharmacy, Inc. requires pharmacists to work overtime, including attending mandatory meetings, for which they were not paid one and a half times their normal rates. Also, on an individual basis, it alleges that CVS did not provide due process to the plaintiff in this case before her termination.

CVS Avoidance of Overtime Pay for Pharmacists Massachusetts Complaint

Case Event History

CVS Avoidance of Overtime Pay for Pharmacists Massachusetts Complaint

April 14, 2020

This class action alleges that CVS Pharmacy, Inc. requires pharmacists to work overtime, including attending mandatory meetings, for which they were not paid one and a half times their normal rates. Also, on an individual basis, it alleges that CVS did not provide due process to the plaintiff in this case before her termination.

CVS Avoidance of Overtime Pay for Pharmacists Massachusetts Complaint
Tags: Employment Violations, Overtime Not Paid at Overtime Rates