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A Florida woman has recently filed a wage and hour class action lawsuit against CVS Pharmacy for violating overtime laws.
She brings claims that the pharmacy did not pay her overtime wages that she was due over a seven year period and that CVS violated the Fair Labor Standards Act.
Plaintiff Linda Ramos of Miami-Dade County explains in her unpaid overtime lawsuit against CVS that as a non-exempt employee she logged an average of five overtime hours per week and that she was not paid the proper overtime rate of 1.5 times her normal rate. She worked for CVS between 2008 and 2015.
Ramos claims in the unpaid overtime lawsuit that CVS never posted any notice to inform employees of their rights to overtime and minimum wage payments.
She also claims that CVS Pharmacy showed “reckless disregard of the provisions of the FLSA concerning the payment of overtime wages as required by the Fair Labor Standards Act and remain owing plaintiff these unpaid wages since the commencement of plaintiff’s employment with defendant.”
Overtime Laws
The FLSA requires that unless an employee is exempt unless exempt, employees who work more than 40 hours must receive overtime wages no less than 1.5 times their regular rate.
Ramos claims in her unpaid overtime lawsuit that in a typical week during her employment with CVS she worked roughly 45 hours and was never compensated for her overtime in all of her time with the company. She alleges that this violates overtime laws.
Because the FLsA statute of limitations restricts back pay to either 2 or 3 years, Ramos is asking that she recover lost wages from her date of hire or from three years from the date of the filing of the lawsuit.
CVS allegedly never posted overtime notices, therefore Ramos claims that the FLSA’s statute of limitations should not apply.
She seeks compensatory damages, liquidated damages and attorney’s fees.
Other Overtime Lawsuits Against CVS
Ramos’s unpaid overtime lawsuit is not the only wage and hour lawsuit CVS Pharmacy is facing. Earlier this year, a California judge granted approval to a $7.4 million settlement between 1,182 pharmacists and CVS.
The pharmacists, in three consolidated lawsuits, claimed that they worked six consecutive days and were therefore in violation of overtime laws. They also claimed they were denied overtime wages.
More recently, an Arizona federal judge approved a $1.47 million settlement between a CVS affiliate and a class of corporate employees. They claimed that they were misclassified as exempt but were often required to work more than 40 hours a week.
This CVS Pharmacy Unpaid Class Action Lawsuit is Linda Ramos v. CVS Pharmacy Inc., Case No. 1:16-cv-21887, in the U.S. District Court for the Southern District of Florida.
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