Robert J. Boumis  |  December 26, 2014

Category: Labor & Employment

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CVS PharmacyA group of CVS Pharmacy pharmacists have failed to receive Class certification for their unpaid overtime class action lawsuit.

According to their unpaid overtime class action lawsuit filed in a California federal court, CVS violated a number of wage and hour laws, leading to unpaid wages, and unpaid overtime.

The wage and hour class action lawsuit alleges that the way that CVS kept track of hours led to widespread failures to properly track overtime, leading to unpaid overtime pay.

According to California law, employees are entitled to overtime pay if  they work more than 40 hours a week or more than eight hours a day.

The CVS employees had sought Class certification.

In this case, U.S. District Judge James Otero decided not to certify the unpaid overtime class action lawsuit because the individual complaints against CVS were too distinct to be included in the same unpaid overtime class action lawsuit.

Under U.S. overtime pay laws like the Fair Labor Standards Act (FLSA), employees fall into different categories for overtime pay, including “exempt” employees who generally do not qualify for overtime.

Under some circumstances, plaintiffs in unpaid overtime class action lawsuits can prove that employers abuses this distinction, wrongly classifying employees as “exempt.” This potential unpaid overtime class action lawsuit included both exempt and nonexempt employees with several different types of unpaid overtime and unpaid wages allegations.

CVS’s attorneys also argued that the unpaid overtime class action lawsuit was a “failsafe” for some of the allegedly-weaker allegations against the drugstore, allowing plaintiffs with more marginal cases to piggyback on the larger class action lawsuit.

A class action lawsuit is a type of group lawsuit wherein a group of plaintiffs allege that they have suffered similar harm at the hands of the same defendant. In the case of wage and hour lawsuits, generally a group of employees will file a wage and hour class action lawsuit alleging that their employer systemically had issues with unpaid overtime or unpaid wages.

While this CVS unpaid overtime class action lawsuit did not receive Class certification, wage and hour class action lawsuits have been successful in the past.

The CVS Unpaid Overtime Class Action Lawsuit is Case No. 2:13-cv-04748, in the U.S. District Court for the Central District of California.

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