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CVS employees have agreed to a $9.75 million class action settlement regarding allegations that their employer shorted them training pay, in violation of California labor codes. The proposed settlement was filed in California federal court and was made available Monday, according to Law360.
The class action complaint was filed in the Superior Court of the State of California for the County of Los Angeles.
Underpay Allegations
All of the CVS employees suing in this case are or were employed as pharmacists at CVS stores in the state of California. As a part of their duties at CVS, pharmacists were sometimes required to complete company-specific training modules. These modules were conducted online and could be completed on a work computer. However, the plaintiffs claim that CVS compensated them for the expected time to finish, and refused to fully compensate them for the time it took them to truly complete these training modules
On occasion, CVS employees were required to complete training modules outside of their normal shifts. For instance, employees were sometimes allegedly required to complete training after they had clocked-out for the day or before it was time for them to clock-in for the day. The training modules were also remotely accessible meaning employees were sometimes required to complete training at home.
In cases in which workers completed training while off-the-clock, the employee would be paid for a fixed amount of time that CVS felt reflected the amount of time it should take to complete the module. However, the plaintiffs claim that training regularly took more time than the allotted amount despite the fact that CVS reportedly had access to information regarding how long the modules actually take.
The plaintiffs claim that by only paying for a set amount of time, CVS failed to pay what employees were owed.
CVS Employees Proposed Class Action Settlement
According to Law360, CVS and the pharmacists in the established class agreed to settle the case regarding the above allegations for $9.75 million. Of that $9.75, as much as $6.6 million may go to the CVS employees. There are about 1,000 or more pharmacists employed at a CVS in the state of California.
The remaining funds will cover $2.9 million in attorney’s fees, $43,000 in incentive pay, up to $50,000 in costs, and roughly $100,000 in administration costs and other expenses.
“There is no reversion of funds and all unclaimed amounts shall be provided to California’s Unclaimed Property Fund,” the joint filing reads.
The judge is currently scheduled to consider the class action settlement plan at a hearing on July 24.
CVS Pharmacy Lawsuits
This class action lawsuit isn’t the first that’s been filed against CVS regarding their treatment of CVS employees. In 2014, CVS reached a class action settlement agreement with workers over claims that they had failed to provide overtime pay for workers. The plaintiffs claimed they had been forced to work for seven days in a row without overtime compensation.
California Labor Code specifically states that pharmacists must be given a day off after six days of work. The plaintiffs claim that CVS utilized a Sunday to Saturday work week to circumvent these requirements. For instance, a pharmacist might be scheduled for seven days in a row from Wednesday to Tuesday. However, because of the Sunday-Saturday workweek, the schedule would reflect that the worker had only worked for four days one week and three the next.
Should You Join a CVS Employees Class Action Lawsuit?
CVS employees who were denied full compensation for their time at work may be eligible to join a class action lawsuit against the company. A class action rebate can help you win the wages you were originally owed, as well as any interest those wages may have accrued. As a settlement also includes attorney and court fees, joining a class action lawsuit is a cost-effective way to seek justice from CVS.
Join a Free California Wage & Hour Class Action Lawsuit Investigation
If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.
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